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FRIDAY NWADIEM V. THE FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 39161 (CA)

Court of Appeal  •  CA/A/709C/2013  •  22 May 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
Chief A. O. Ajana, Esq. For Appellant M. A. Ebute, Esq. with him, I. E. Inyang, Esq. and B. J. Owolabi, Esq. For Respondent

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the Federal High Court, sitting in Abuja delivered by Hon. Justice Balkisu Bello Aliyu on the 28th June, 2013.

The Appellant was arrested by operatives of the National Drug Law Enforcement Agency (NDLEA) on the 3rd September, 2011, while transporting 499.4 Kilograms of Hemp in a White J5 Bus with Registration No. DELTA XB 277 LEH along Lokoja-Abuja Express Road.

Upon search of the vehicle by operatives of the NDLEA, the Operatives found 59 bags of Cannabis Sativa in possession of the Appellant and was being transported without lawful authority.

The Appellant was arraigned before the trial Court along with one Mr. Osajeh Imieka on a three Count Charge. The Amended Charge is at Pages 58 - 59 of the Record. The Appellant was convicted of the offences of transportation and possession of Cannabis Sativa, a narcotic drug and sentenced to 10 years imprisonment on each Count to run concurrent…

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