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HENRY ODEH V. FEDERAL REPUBLIC OF NIGERIA

(2008) JELR 55590 (SC)

Supreme Court  •  SC. 334/2001  •  4 Apr 2008  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC (Presided) DAHIRU MUSDAPHER JSC (Read the Lead Judgment) ALOMA MARIAM MUKHTAR JSC IKECHI FRANCIS OGBUAGU JSC PIUS OLAYIWOLAADEREMI JSC

Judgement

MUSDAPHER JSC (Delivering the Lead Judgment): The appellant herein and some policemen were arraigned before the Lagos zone of the Miscellaneous Offences Tribunal. The appellant was charged with the following offences:-

Count One

“That you, Henry Odeh, on or about 24 March 1995 at Imaba Compound, Igando, Lagos, dealt in to wit offering for sale 290.15kg of Indian hemp [cannabis sativa] a drug similar to heroin, cocaine or (LSD) without lawful authority and thereby committed an offence contrary to and punishable under section 10(c) National Drug Law Enforcement Agency Decree No. 48 of 1989.”

Count Two

“That you, Henry Odeh, on or about 24 March 1995, at No. 24 Imaba Compound Igando, Lagos, knowingly had in your possession 290.15kg of Indian hemp [cannabis sativa] a drug similar to cocaine, heroin (LSD) without lawful authority and thereby committed an offence contrary to and punishable under section 10(h) of the National Drug Law Enforcement Agency Decree No. 15 of 1992.”

The 2nd to th…

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