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FEDERAL REPUBLIC OF NIGERIA V. FAITH IWEKA

(2011) JELR 33853 (SC)

Supreme Court  •  SC.454/2010  •  9 Dec 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC;

Judgement

FRANCIS FEDODE TABAI, JSC (Delivering the Leading Judgment): The respondent was the accused person at the trial in the Ilorin Division of the Federal High Court. The charge dated the 18th March, 2008 reads as follows:-

"That you Faith Iweka (M) adult on or about the 26th day of February, 2008 at Kankatu Area in Ilorin, Kwara State within the jurisdiction of this Honourable court without lawful authority dealt in 296.1 kg Cannabis Sativa a drug similar to cocaine heroine, LSD and thereby committed an offence contrary to the and punishable under S.10(c) of the National Drug Law Enforcement Agency Act, Cap 253 Laws of the Federation of Nigeria 1990."

The Respondent as accused pleaded not guilty to the charge. At the trial, the Prosecution called four witnesses. At the close of the case of the prosecution, learned counsel for the accused/Respondent made a no case submission. On the 12th May, 2008 the learned trial judge Bilikisu Bello Aliyu J. gave the ruling of the court, holding that th…

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