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(2022) JELR 109333 (CA)

Court of Appeal  •  CA/J/48/C/2021  •  11 Feb 2022  •  Nigeria

James Shehu Abiriyi, JCA Mudashiru Nasiru Oniyangi, JCA Olasumbo Olanrewaju Goodluck, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 21st December, 2020 in the Federal High Court of Nigeria in the Bauchi Judicial Division sitting at Bauchi.

In the Federal High Court (the Court below), the Respondent was the complainant. The Appellant was the Defendant.

The Appellant was charged and convicted for being in possession and engaging in the transportation of cannabis sativa contrary to Sections 19 and 11(b) of the National Drug Law Enforcement Agency (NDLEA) Act Cap 30 Laws of the Federation 2004.

​The case of the Respondent against the Appellant as can be made out from the evidence of PW1 to PW4 is simple and short. It is as follows: On 4th January, 2017 five sacks of weeds were found in the boot of a Honda Accord car with registration number AR 67 DAL belonging to the Appellant. The Appellant was arrested. He was taken to the Police Station. He was later transferred to the NDLEA office with the weeds. The weeds …

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