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IFEANYI CHIYENUM BLESSING V. FEDERAL REPUBLIC OF NIGERIA

(2012) JELR 35155 (CA)

Court of Appeal  •  CA/IL/C.17/2012  •  11 Oct 2012  •  Nigeria

Coram
PAUL A. GALINJE JCA; ITA G. MBABA JCA; OBANDE F. OGBUINYA JCA;

Appearances
Sheri Ibiwoye Esq, with him Taiye Oniyide Esq. and U. C. Ogbonna (Miss) For Appellant M. O. Adeleye (Mrs.) (O.P.S.O. NDLEA) For Respondent

Judgement

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, in charge No FHC/IL/16c/2011, delivered by Hon. Justice A. O. Faji on 10th February 2012, in which the Appellant was convicted and sentenced to 15 years imprisonment on 20/2/2012.

Appellant was charged for unlawfully dealing in 2.4 kilogrammes of cannabis sativa and 15.3 kilograms of cocaine, heroin, LSD etc contrary to and punishable under sections 11 (c) and 19, respectively, of the National Drug Law Enforcement Agency Act, cap N30, Laws of the Federal Republic of Nigeria, 2004. She had pleaded NOT GUILTY to the charge. The prosecution called 4 witnesses and tendered 10 exhibits to prove the charge, while the Appellants testified in person and called evidence in denial.

The lower court had found as follows, in its judgment.

"I must therefore hold that the prosecution has shown beyond reasonable doubt that the substance in Exhibit 7 was indeed cannabis sativa, a…

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