FRANCIS NKIE V. THE FEDERAL REPUBLIC OF NIGERIA

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): On the 22nd August, 2008, at Zaakpim Road Junction in Khana Local Government Area of Rivers State, operatives of the National Drug Law Enforcement Agency (NDLEA) arrested the Appellant for being in unlawful possession of substances suspected to be cocaine weighing 0.4 grams.

On 25th August, 2008, the Appellant made a statement to National Drug Law Enforcement Agency (NDLEA) officials wherein he confessed and admitted commission of the offence. At the end of investigation the Appellant was arraigned before a Federal High Court, sitting in Port Harcourt in a one count charge which states:

"That you FRANCIS NKIE, male, adult on or about the 22nd day of August, 2008 at Zaakpim Road Junction, Khana Local Government Area Rivers State within the jurisdiction of this Honourable Court without lawful authority did knowingly possessed (sic) 0.4 grammes of cocaine, a narcotic drug and thereby committed an offence punishable under sectio…