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PHILEMON REUBEN V. THE FEDERAL REPUBLIC OF NIGERIA

(2023) JELR 110144 (CA)

Court of Appeal  •  CA/KN/103C/2022  •  10 Feb 2023  •  Nigeria

Coram
Ita George Mbaba JCA Boloukuromo Moses Ugo JCA Usman Alhaji Musale JCA

Appearances
SHAMSI UBALE JIBRIL, ESQ. for the Appellant; B. S. ABDULLAHI, ESQ. (in charge of prosecution and Legal Services - NDLEA) for the Respondent.

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this appeal against the decision of the Federal High Court in Charge No. FHC/KN/CR/61/2021 delivered on 19th November, 2021, by Hon. Justice J.E. Inyang, wherein the Learned trial Judge convicted the Appellant and sentenced him to 15 years imprisonment, without the option of fine, for offence of trafficking in 340 Kilograms of Canabis Sativa, a narcotic drug similar to Cocaine Heroin and LSD, contrary to and punishable under Section 11(b) of the National Drug Law Enforcement Agency Act, Cap No. 30, Laws of the Federation of Nigeria, 2004. 

At the trial Court, Appellant was charged, as follows, as per the Amended Charge: 

"That you PHILEMON REUBEN, Male, Adult, 26 years old, on or about the 1st day of April, 2021 at Tokarawa Village, Kano State within the jurisdiction of this Honourable Court, without lawful authority, trafficked in 340 Kilograms of Cannabis Sativa, a narcotic drug similar to Cocaine Heroin and L…

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