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AUGUSTINE MICHAEL V. THE FEDERAL REPUBLIC OF NIGERIA

(2010) JELR 34016 (CA)

Court of Appeal  •  CA/S/84c/2009  •  21 May 2010  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AHMAD OLAREWAJU BELGORE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Appearances
Dafe Obobo Esq. For Appellant Pius Nuhu Gamde Esq. For Respondent

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): The Appellant herein was an accused person charged before the Federal High Court, Sokoto (now the "Lower Court") upon a charge which reads thus:-

"That you Augustine Michael W 32 years of age, of Paramount Peace Guest House, Zango in Zuru LG.A. of Kebbi State on or about the 10th April, 2006, without lawful authority had in your

possession 6.8 Kilograms of Indian hemp, a Narcotic drug similar to Cocaine and thereby committed an offence contrary to and punishable under section 19 of laws of the Federation NDLEA ACT 2004."

On the 17th day of May, 2006, the plea of the Appellant was taken and he pleaded guilty to the charge. Thereupon, the prosecuting counsel, Ibrahim Dangana, urged the lower court to convict the Appellant. He then proceeded to tender in evidence -

1. Accused Statement of 10/4/2006

2. Certificate of Test Analysis

3. Packing of Substance Form

4. Request for Scientific aid Form

5. The recovered drug conceal…

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