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ABOBO BAALO v. FEDERAL REPUBLIC OF NIGERIA

(2016) JELR 36932 (SC)

Supreme Court  •  SC.373/2012  •  3 Jun 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

AMIRU SANUSI, JSC (Delivering the Leading Judgment): This appeal is against the judgment of Court of Appeal, Port-Harcourt Division ("the Lower Court" for short) delivered on 3rd day of July, 2012 which affirmed the decision of the Federal High Court, Port-Harcourt division [hereinafter referred to as ("the trial Court") delivered on 21st July 2009. The trial Court convicted and sentenced the appellant, (then accused person] by summary trial procedure, when he was arraigned before it, on allegation of (knowingly) being found in possession of 200 grammes of Indian hemp [otherwise known as cannabis sativa], a narcotic drug, contrary to Section 19 of the National Drug Law Enforcement Agency Act, Cap N30, LFN 2004 following the accused/appellant's plea of 'guilty' of the offence.

The case of the prosecution now respondent, at the trial Court as could be gathered from the record, was that sometimes in May 2009, the operative staff of National Drug Law Enforcement Agency (hereinafter) simpl…

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