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WAIDI ADEBAYO v. THE FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 38046 (CA)

Court of Appeal  •  CA/I/253C/2013  •  21 Mar 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A.(Delivering the Leading Judgment): This appeal challenges the decision of the Federal High Court sitting in Abeokuta, delivered by Hon. Justice Ofili-Ajumogobia on the 31st day of May 2012.

The Appellant was charged with dealing in 350 grams of Indian hemp (cannabis sativa), without lawful authority.

The Appellant purportedly pleaded guilty to the charge which was read over and translated to him in Yoruba. The prosecution went on to prove its case after which the Appellant was convicted and sentenced to life imprisonment with hard labour. The Appellant being dissatisfied with the decision has appealed for the intervention of this Court to set aside the conviction and sentence.

The Appellant has raised the following issues for determination:

1. Whether the Appellant's arraignment was not invalid and in breach of Section 215 of the Criminal Procedure Act, Cap C41, Vol.4, Laws of the Federation of Nigeria 2004 as well as Section 36 (6) (a) of the Constit…

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