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TIMOTHY
V.
F.R.N.

(2012) JELR 58154 (SC)

Supreme Court 15 Jun 2012 Nigeria
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Case Details

Suit Number:SC/129/2007
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC IBRAHIM TANKO MUHAMMAD JSC BODE RHODES-VIVOUR JSC NWALI SYLVESTER NGWUTA JSC MARY UKAEGO PETER-ODILI JSC
Counsel:Dr. A. Amuda-Kannike (with him, Mrs. F. Abdul) - for the Appellant. Mr. Femi A. Oloruntoba (Director Prosecution and Legal Services NDLEA) (with him, Mr. J. I. Aernan (Chief Legal Officer)) - for the Respondent.

RHODES -VIVOUR JSC (Delivering the Leading Judgment): On 20 November 2003, the appellant boarded a KLMplane at Amsterdam’s SchipolAirport. It was a direct flight to Nnamdi Azikiwe International Airport, Abuja. On arrival, the appellant’s bag was searched by NDLEA officials at the airport. Nothing was found on him. He was taken into the NDLEA office where he was ordered into the toilet. Therein he moved his bowels and excreted well wrapped substances both subsequently found to be cocaine. The appellant wrote and signed two statements where he confirmed that the substances were cocaine. After a field test, it was confirmed that the substances were cocaine. The substance was packed in his presence and sent to the National Drug Law Enforcement Agency (NDLEA) Drug Laboratory, Ikoyi, Lagos. A drug analysis report was issued subsequently and the substance recovered from the appellant was confirmed to be cocaine.

The appellant was arranged in the Federal High Court, Abuja on a one-count charg…

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