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IKECHUKWU NVENE v. FEDERAL REPUBLIC OF NIGERIA

(2016) JELR 36820 (CA)

Court of Appeal  •  CA/E/363C/2013  •  6 May 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice D. V. Agishi of the Federal High Court sitting in Enugu delivered on 4/2/2013 wherein His Lordship convicted the Appellant of dealing without lawful authority in Indian hemp and sentenced him to six years imprisonment. The facts that led to this appeal are as follows:

By a charge dated 20/12/2012, the appellant was arraigned before the trial Court for the offence of dealing without lawful authority in Indian Hemp. The appellant pleaded guilty to the one-count charge. To prove its case the prosecution called one witness (P.W.1) and tendered five exhibits. The gist of the case is that on the 22nd of November, 2012, P.W.1 led a team of NDLEA Officers to Obiagu village of Ozalla Nkanu East Local Government Area of Enugu State where a search was conducted in the appellant's shop and some wraps of a substance which was later tested and found to be Cannabis Sativa were r…

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