OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos division delivered on the 18th day of January, 2011 by the Hon Justice Saulawa, JCA.
The appellant had been arraigned on 14/05/2008 before the trial Federal High Court, Lagos Judicial Division, holden at Lagos, charged as follows:-
"That you JOSEPH DANIEL Male on or about the 4th day of December, 2007 at No.21 Otun Street, Waterside, Kirikiri, Lagos without lawful authority dealt in 2.6 kilogrammes of Indian hemp otherwise known as Cannabis Sativa, a drug similar to Cocaine, Heroine, LSD and you thereby committed an offence contrary to and punishable under Section 10(c) of the National Drug Law Enforcement Agency Act, Cap. 253, Laws of the Federation of Nigeria, 1990."
The charge was read to the accused in the presence of both Counsel - Mrs F. N. Ajagu for the prosecution and Mrs Lilian Omotunde for the accused. The accused pleaded guilty to the charge an…