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EMMA AMANCHUKWU v. THE FEDERAL REPUBLIC OF NIGERIA

(2009) JELR 10529 (SC)

Supreme Court  •  SC.237/2006  •  27 Feb 2009  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC; IBRAHIM TANKO MUHAMMAD JSC; JAMES OGENYI OGEBE JSC;

Judgement

NIKI TOBI, JSC (Delivering the Leading Judgment): The appellant was arraigned before the Miscellaneous Offences Tribunal, Kano on a charge of importing 600 grammes of heroin by concealing same in his body without lawful authority contrary to section 10(a) of the National Drug Law Enforcement Agency Decree No. 48 of 1989.

The appellant pleaded guilty to the charge. In his plea of leniency, the appellant said:

"It was poverty that made me to commit the offence. My shop was burnt down. I am pleading for leniency."

In answer to a question by the Tribunal whether he wanted the government chemist who issued the forensic expert Report to be called, appellant answered in the negative as follows:

"I accept the report. I do not want him to be called."

The Tribunal sentenced him to imprisonment for 15 years. He appealed to the Court of Appeal. The court dismissed the appeal. He has come to this court. Briefs were filed and exchanged. Appellant formulated the following issue for determination:

"W…

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