UDEH
V.
FEDERAL REPUBLIC OF NIGERIA

(2002) JELR 50938 (CA)    

Court of Appeal  ·  CA/L/316/2000 ·  8 Jul 2002 ·  Nigeria
CORAM
PIUS OLAYIWOLA ADEREMI, JCA AMINU SANUSI, JCA
Core Terms Beta
sentence
court
offence
convict
appeal
counsel
lower court
years imprisonment
award of sentences
case
judge
lower tribunal
principle
respect
section
trial judge
appellant adopted appellant’s brief
appellant john udeh
appellant’s brief
appellant’s counsel
argument
award of sentence
behalf of the convict
charge
defence counsel
exhibits
face of other sentences
fact of first offender
hard labour
jurisdiction
jurisdiction of the appellate court
kilogrammes of indian hemp
lagos
lead judgment
learned defence counsel
legal arguments
main thrust of the argument
mere ground
miscellaneousoffences tribunal holden
mr. m. funmilayo
page
passing sentence
practice of the particular court
review of sentences
source of guidance
state
trial court
trial judge abdullahi j.
view of the circumstances of the case
wrong principle

OGUNTADE, JCA (Delivering the Lead Judgment): At the MiscellaneousOffences Tribunal holden in Lagos, the appellant John Udeh was charged with the offence of exporting 136.5 kilogrammes of Indian Hemp contrary to section 10(b) of the National Drug Law Enforcement Agency Decree No. 48 of 1989. On 17/2/97 the appellant pleaded guilty to the charge. On 28/2/ 97, the trial Judge Abdullahi J. sentenced the appellant to 15 years imprisonment with hard labour.

The appellant has brought this appeal against the sentence imposed on him. In the appellant’s brief filed the issues for determination were stated to be the following:

“1. Whether the sentence of 15 years imposed on the appellant is maintainable and not excessive in the face of other sentences passed by the same lower Tribunal. 2. Whether the fact of first offender was considered by the lower tribunal in passing sentence.” The respondent did not file a brief. We heard the appeal on 15/5/2002 when Mr. M. Funmilayo, of counsel for the app…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login