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IKYE EZE v. FEDERAL REPUBLIC OF NIGERIA

(2016) JELR 41102 (CA)

Court of Appeal  •  CA/YL/68c/2015  •  6 May 2016  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JUMMAI HANNATU SANKEY JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A.(Delivering the Leading Judgment): On 18th May, 2015, the Appellant was arraigned before the Federal High Court, Yola on a one-count charge of unlawful possession of Tramadol, a substance similar to Cocaine, under Section 19 of the National Drug Law Enforcement Agency Act, Cap. N30, Laws of the Federation of Nigeria, 2004 dated 11th May, 2015. The charge read thus:

That you Ikye Eze, male, adult, 35 years old on or about the 2nd May, 2015 at Gunure village, Mayo Belwa LGA of Adamawa State within the jurisdiction of this honourable Court without lawful authority knowingly possess 3 kilograms of Tramadol a narcotic analgesic drug similar to cocaine and thereby committed an offence contrary to and punishable under Section 19 of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004.

When the charge was read and explained to the Appellant, he pleaded guilty as charged. However, before the lower Court took any further step, th…

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