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YAHAYA UMAR v. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 38320 (SC)

Supreme Court  •  SC. 614/2016  •  14 Dec 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALUMJE JSC; SIDI DAUDA BAGE JSC;

Judgement

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): The Appellant was arraigned and prosecuted at the Federal High Court sitting in Kaduna Division. Appellant was convicted and sentenced to two years imprisonment in a judgment delivered on 10th day of July, 2014. The said conviction and sentence was confirmed by the Court of Appeal Kaduna Division in its Judgment delivered on the 5th day of February, 2016. Peeved by this Judgment, the Appellant further appealed to this Court.

FACTS OF THE CASE

On or about 23rd July, 2013 based on information, officials of the National Drug Law Enforcement Agency went to the House of the Appellant. The officers searched his house in his presence and that of his family and discovered some wraps of Cannabis Sativa in his bedroom and another quantity in a sack in his store, whereupon he was arrested and taken to their office in Zaria. At the NDLEA office, the substance recovered from the Appellant was tested in his presence and same tested positive f…

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