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ODEY SUNDAY V. FEDERAL REPUBLIC OF NIGERIA

(2026) JELR 115060 (CA)

Court of Appeal  •  CA/C/348C/2025  •  15 Jan 2026  •  Nigeria

Coram
Uchechukwu Onyemenam JCA, Mohammed Danjuma JCA, Eleojo Enenche JCA

Appearances
F. Baba Isa, Esq., LLM, MBA, CMC, FIMC For The Appellant. Theresa E. Asuquo, Esq. For The Respondent.

Judgement

MOHAMMED DANJUMA, J.C.A. (Delivering the Lead Judgment): This is an appeal against the decision of Honourable Justice Ijeoma L. Ojukwu of the Federal High Court of Nigeria, Calabar Judicial Division delivered on the 9th day of October, 2025 in Suit No: FHC/CA/247C/2024 wherein his Lordship ruled against the no case submission of the Appellant and ordered him to enter his defence in the charge against him.

FACTS RELEVANT TO THIS APPEAL

On the 25th of November, 2024, a team of officers of the National Drug Law Enforcement Agency (NDLEA) conducted an operation at Mr. Adie Emmanuel compound, off Ogoja Road, Obudu Local Government Area, Cross River State where the Defendant/Appellant lives. A search conducted in his house allegedly led to the recovery and seizure of illicit drug substances suspected to be Cannabis Sativa and psychotropic substances- Tramadol, Swinol and Codeine infused in SP Cough syrup.

The Defendant (now Appellant) was charged on a four (4) count charge dated and filed on t…

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