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CHUKWUDI UGWANYI V. FEDERAL REPUBLIC OF NIGERIA

(2010) JELR 46640 (CA)

Court of Appeal  •  CA/S/77/C/2009  •  13 Jan 2010  •  Nigeria

Coram
MUSA DATTIJO MOHAMMAD JCA; AHMAD OLAREWAJU BELGORE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was charged before the Federal High Court, Sokoto Division, sitting at Sokoto. He faced a one count charge of knowingly being in possession of Indian Hemp otherwise known as cannabis sativa without lawful authority. His plea of not guilty was initially taken on 14th November, 2001. Thereafter, on 16th July, 2002 and 18th July, 2002, two prosecution witnesses gave evidence in the matter. Various exhibits were also tendered and admitted. For reasons contained in the record of appeal and presumably, that of transfer of the trial judge, Lambo, J. the Appellant's plea was taken afresh on 13th February, 2004 before Hobon, J. and the trial began de novo. Again the Appellant pleaded not guilty to a substituted one count charge, which reads:-

"That you Chukwudi Ugwanyi (m) 50 years of age, of No. 4 Arowojobe Street Onigbongbo - Maryland, Lagos on or about the 17th November, 2000 at Bodinga along…

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