<p><strong> IGE JCA (Delivering the Lead Judgment): </strong> This appeal is against the decision of Honourable JusticeA. O. Faji sitting at the Ilorin Division of the Federal High Court delivered on 5 July 2011, sentencing the appellant to four (4) years imprisonment with hard labour with commencement date fixed at 5 July 2011.</p><p>The appellant was dissatisfied with the verdict of the lower court and consequently appealed to this court <em> vide </em> his notice of appeal dated 2 July 2012 and filed on 3 July 2012 on two grounds. The reliefs sought by him are: (i) An order quashing or setting aside the conviction and sentence of the appellant by the Federal High Court, Ilorin. (i ) An order discharging and acquitting the appellant.</p><p>The facts leading to the imprisonment of the appellant can be found in the one count charge against the appellant at the lower court as filed on 23 June 2011 by NDLEA. The charge reads:</p><p>“That you Sunday Umaru, Male, Adult, on or about 6 June 2011 at Bankubu Village in Baruten Local Governme…</p>