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EMMANUEL KPOOBARI v. THE FEDERAL REPUBLIC OF NIGERIA

(2016) JELR 37181 (SC)

Supreme Court  •  SC.467/2013  •  29 Jan 2016  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; JOHN IYANG OKORO JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port-Harcourt Division, hereinafter referred to as the lower Court, affirming the conviction and sentence of the appellant by Federal High Court, hereinafter referred to as the trial Court, sitting in Port Harcourt in charge No. FHC/PH/203C/2008. The judgment of the lower Court being appealed against in this Court on two grounds was delivered on 10th April, 2013. The brief facts that brought about the appeal are stated below.

The appellant was tried and convicted at the trial Court on two count charge of knowingly and without lawful authority being in possession of 800 grammes of Indian Hemp, otherwise known as Cannabis Sativa, and 0.6 grammes of Cocaine, both substances being narcotic drugs, in breach of Section 19 of the National Drug Law Enforcement Agency Act CAP N 30 Laws of the Federation of Nigeria 2004. The first time the charges were read to him by th…

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