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DANJUMA RABE V. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 38308 (SC)

Supreme Court  •  SC.147/2013  •  14 Dec 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Appellant was arrested on 21st March, 2012 for being in possession of dried weeds suspected to be Indian Hemp (Cannabis Sativa). The weeds weighed 4.4 kg in total. After preliminary investigations and laboratory analysis of the substance, which established the weeds to be Indian Hemp (Cannabis Sativa), the Appellant was arraigned before the Federal High Court, Ilorin on a count charge alleging that he, "without lawful authority trafficked in 4.4 kilogrammes of cannabis sativa (otherwise known as Indian Hemp) a drug similar to cocaine, Heroin, LSD, etc. (and) there committing an offence contrary to, and punishable under Section 11 (b) of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004."

The charge, together with the Proof of Evidence containing his two extra-judicial statements, all recorded as having been made by the Appellant himself on 21st March, 2017 voluntarily, were served on him…

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