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DR. BABATUNDE OLUBAMI KOIKI V. THE STATE

(1976) JELR 40858 (SC)

Supreme Court  •  SC.121/1975  •  12 Mar 1976  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS O. OBASEKI JSC;

Appearances
Alao Aka Bashorun For Appellant A.O. Ejiwunmi, Ag. D.P.P. (Lagos State) For Respondent

Judgement

A. O. OBASEKI, AG. J.S.C. (Delivering the Leading Jugment): This appeal came before us on the 29th day of January 1976, for hearing, and after hearing counsel for the appellant and counsel for the respondent, we dismissed it for lack of merit, and now give our reasons.

The appellant was tried on information charging him in count 1 with the offence of:

"Attempt to export Indian Hemp (Cannabis Sativa) contrary to Section 14(2) of the Indian Hemp Decree and punishable under Section 4 of the Indian Hemp Decree 1966; and in count 2, with the offence of:

"Unlawful possession of Indian Hemp contrary to Section 5(1)(b) of the Indian Hemp Decree 1966;

by Bada, J., sitting at Lagos, in the High Court of Lagos State. He was acquitted on count 1 and convicted and sentenced to 10 years imprisonment on count 2.

Against this conviction, the appellant filed and argued the following grounds of appeal:

(1) The learned trial Judge erred in law in convicting the appellant as he did when the evidence uponโ€ฆ

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