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…

UDEH V. FEDERAL REPUBLIC OF NIGERIA

UDEH
V.
FEDERAL REPUBLIC OF NIGERIA