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OLUWASHETO ABIODUN V. FEDERAL REPUBLIC OF NIGERIA

(2020) JELR 87233 (CA)

Court of Appeal  •  CA/L/416C/2018  •  23 Jun 2020  •  Nigeria

Coram
MOHAMMED LAWAL GARBA, JCA GABRIEL OMONIYI KOLAWOLE, JCA BALKISU BELLO ALIYU, JCA

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant was convicted by the Federal High Court, Lagos (Lower Court) in charge No. FHC/L/66C/2017 for the offences of conspiracy and engaging, dispatch, delivery and exportation of 2.035kg of cocaine without lawful authority contrary to Sections 14(b) and 11(b) respectively, of the National Drug Law Enforcement Agency Act (NDLEA Act), Cap 30, Laws of the Federation of Nigeria, 2004. He was sentenced to five (5) years imprisonment for each of the offences with effect from the 21st January, 2017 and the terms are run concurrently.

Eight (8) witnesses testified for the prosecution while the Appellant testified in self-defence as the sole witness and dissatisfied with the conviction, he brought this appeal, vide the Notice of Appeal dated and filed on the 7th March, 2018 on four (4) grounds.

A sole issue was distilled from the grounds of appeal for decision by the Court in the Appellant Brief filed on 18th May, 2018, whic…

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