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JOHN TIMOTHY V. FEDERAL REPUBLIC OF NIGERIA

(2007) JELR 48738 (CA)

Court of Appeal  •  CA/A/29/C/05  •  21 May 2007  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; OYEBISI FOLAYEMI OMOLEYE JCA; CHIDI NWAOMA UWA JCA;

Judgement

OYEBISI F. OMOLEYE, J.C.A (Delivering the Leading Judgment): In the Federal High Court, holden at Abuja, the Appellant was charged on one-count information as follows:

"That you JOHN TIMOTHY (male) on or about the 20th of November, 2003 at the Nnamdi Azikiwe International Airport, during the in ward clearance of KLM flight No. KL 577 from Amsterdam imported 1.5 kilogrammes of cocaine a narcotic drug, without lawful authority and thereby committed an offence contrary to and punishable under Section 10 (a) of the National Drug Law Enforcement Agency Cap 253 laws of the Federation 1990."

The facts of this case are that, the Appellant was arraigned on the above stated charge of unlawful importation of cocaine. He initially pleaded not guilty to the charge which was read to him after admitting that he understood same. In the course of trial and after the prosecution had called one witness, at the prompting of the defence counsel, the Appellant indicated his intention to change his plea. Th…

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