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ELIJAH AM EH OKEWU V. THE FEDERAL REPUBLIC OF NIGERIA

(2004) JELR 51470 (CA)

Court of Appeal  •  CA/L/48/2000  •  19 Apr 2004  •  Nigeria

Coram
PIUS OLAYIWOLA ADEREMI JCA (Presided) MUSA DATTIJO MUHAMMAD JCA

Appearances
E. Uwa Esq. (with him A. Nwaeze and O. Adebayo) - for the Appellant. -*- P. Audu - for the Respondent.

Judgement
<p><strong> CHUKWUMA-ENEH JCA (Delivering the Lead Judgment): </strong> This appeal is against the conviction and sentence of the appellant by the Special (Miscellaneous Offences) Tribunal (presided over by Makwe J.). The appellant having been convicted and sentenced to 15 (fifteen) years imprisonment for unlawfully being in possession of 408 Kilogrammes of Indian Hemp (otherwise known as <em> Cannabis sativa </em> ), contrary to and punishable under section 10(h) of the National Drug Law Enforcement Agency Decree No. 48 of 1989 as amended (also known as N.D.L.E.A. Act 1990 as amended). The appellant is dissatisfied with the decision and so, has initiated this appeal by a notice of appeal filed in this matter containing 3 (three) grounds of appeal. The appellant in his amended brief of argument has distilled two issues of determination to wit:</p><p>โ€œ1. Whether the conviction and sentence on appellant is not null and void in view of the fact that the Special (Miscellaneous Offences) Tribunal delivered its judgment afterโ€ฆ</p>

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