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FRANCIS NKIE V. FEDERAL REPUBLIC OF NIGERIA

(2011) JELR 33919 (CA)

Court of Appeal  •  CA/PH/388/2009  •  10 Mar 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; (OFR) JCA; ISTIFANUS THOMAS JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ISTIFANUS THOMAS, J.C.A (Delivering the Leading Judgment): This appeal is against the decision of E. S. Chukwu, (J) of the Federal High Court Port Harcourt, delivered on 17th December 2008, in which the appellant was convicted and sentenced to 18th months imprisonment for the offence of being in unlawful possession of 0. 4 grams of cocaine, contrary to section 19 of the National Drug Law Enforcement Agency, cap N30 Laws of Nigeria, 2004.

As can be gathered from the record of appeal in the instant, the brief fact of the case is that, the appellant was confronted on the High way at Zaakpin Road Junction, in Kaanan Local Government Area of Rivers State and he was asked to bring out any thing in his pocket. The appellant complied and he brought out a 0.4 grams of cocaine. He was there and then arrested and he was cautioned that he was not obliged to say anything unless he wished to do so. There and then appellant made a direct confession of not only having cocaine but also fond of selling…

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