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DUKE OJI V. FEDERAL REPUBLIC OF NIGERIA

(2012) JELR 54175 (CA)

Court of Appeal  •  CA/IL/C.33/2012  •  22 Nov 2012  •  Nigeria

Coram
ITA GEORGE MBABA JCA (Read the Lead Judgment) OBANDE F. OGBUINYA JCA

Appearances
Taiwo Kupolati, Esq. (with him, Taiwo Ajiboye, Esq.) - for the Appellant. -*- Femi Oloruntoba, Esq. DPLS NDLEA(with him, Mrs. M. O. Adeleye CO, NDLEA) - for the Respondent .

Judgement
<p><strong> MBABA JCA (Delivering the Lead Judgment): </strong> This is an appeal A against the judgment of A. O Faji J, in suit No. FHC/IL/29C/2011, delivered on 13 July 2011, when appellant was convicted and sentenced to a term of three years imprisonment, with hard labour for dealing in 3.4kg of Indian hemp, without lawful authority. Accused person was charged as follows: “That you Duke Oji, Male, Adult on or about 14 June 2011, at Ogun Edu Village, near Kambi town in Moro Local Government Area of Kwara State, within the jurisdiction of this honourable court without lawful authority dealt in 3.4 kilogrammes of cannabis sativa (otherwise known as Indian hemp) a drug similar to cocaine, heroin, LSD etc. and thereby committed an offencecontrary to and punishable under section 11(c) of the National Drug Law Enforcement Agency Act, Cap. N30, Law of the Federation of Nigeria, 2004.” (Page 1 of the record of appeal).</p><p>The <em> charge </em> was prepared on 30 June 2011 signed by Igwubor I. prosecution counsel, NDLEA off…</p>

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