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JOHN UDEH V. FEDERAL REPUBLIC OF NIGERIA

(2002) JELR 50938 (CA)

Court of Appeal  •  CA/L/316/2000  •  8 Jul 2002  •  Nigeria

Coram
PIUS OLAYIWOLA ADEREMI, JCA AMINU SANUSI, JCA

Appearances
Mr. M. Funmilayo - for the Appellant.

Judgement
<p><strong> OGUNTADE, JCA (Delivering the Lead Judgment): </strong> At the MiscellaneousOffences Tribunal holden in Lagos, the appellant John Udeh was charged with the offence of exporting 136.5 kilogrammes of Indian Hemp contrary to section 10(b) of the National Drug Law Enforcement Agency Decree No. 48 of 1989. On 17/2/97 the appellant pleaded guilty to the charge. On 28/2/ 97, the trial Judge Abdullahi J. sentenced the appellant to 15 years imprisonment with hard labour.</p><p>The appellant has brought this appeal against the sentence imposed on him. In the appellant’s brief filed the issues for determination were stated to be the following:</p><p>“1. Whether the sentence of 15 years imposed on the appellant is maintainable and not excessive in the face of other sentences passed by the same lower Tribunal. 2. Whether the fact of first offender was considered by the lower tribunal in passing sentence.” The respondent did not file a brief. We heard the appeal on 15/5/2002 when Mr. M. Funmilayo, of counsel for the app…</p>

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