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CHUKWUDI OYEM V. FEDERAL REPUBLIC OF NIGERIA

(2013) JELR 35820 (CA)

Court of Appeal  •  CA/A/193C/2012  •  19 Jun 2013  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; MOORE A.A. ADUMEIN JCA; TINUADE AKOMOLAFE-WILSON JCA;

Appearances
Aliyu O. Saiki Esq with him Abubakar Saiki, Omotosio Afolabi, Edel-Ekoli and Ibrahim T. Hassan For Appellant Emmanuel Ameh For Respondent

Judgement
<p>TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The appellant, as 2nd accused, was arraigned along with one Faith Osama, as 1st accused by the National Drug Law Enforcement Agency (NDLEA) at the Federal High Court, Abuja with the offence of Transportation of 103.1 kilograms of dried weeds suspected to be Indian hemp (cannabis sativa), a narcotic drug, contrary to Section 14(b) of the NDLEA Act 2004. At the trial, the appellant pleaded guilty while the 1st accused pleaded not guilty. Thereafter, the facts were stated by the prosecution. The Certificate of Preliminary Test Analysis and the Confessional Statement of the appellant were tendered and admitted as exhibits without objection. The appellant was consequently convicted upon his plea, his confessional statement and other evidence as presented by the prosecution and sentenced to five years imprisonment with hard labour, without option of fine.</p><p> The brief facts of the case are that the appellant and the other accu…</p>

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