Before Their Lordships
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria
IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria
Between
AND
FEDERAL REPUBLIC OF NIGERIA Respondent
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D. MUSDAPHER, J.S.C. (Delivering the Leading Judgment): The appellant herein and some policemen were arraigned before the Lagos Zone of the Miscellaneous Offences Tribunal. The appellant was charged with the following offences:-
Count One
“That you HENRY ODEH on or about the 24th day of March, 1995 at Imaba Compound, Igando, Lagos, dealt in to wit offering for sale 290.15 kg of Indian Hemp [Cannabis sativa] a drug similar to heroin cocaine or (LSD) without lawful authority and thereby committed an offence contrary to and punishable under section 10(H) National Drug Law Enforcement Agency Decree No. 48 of 1989.”
Count Two
“That you, HENRY ODEH, on or about the 24th day of March, 1995, at No. 24 Imaba Compound Igando, Lagos knowingly had in your possession 290. I5 kg of Indian Hemp [Cannabis sativa] a drug similar to Cocaine, Heroin [LSD] without lawful authority and thereby committed an offence contrary to and punishable under section 10(H) of the National Drug Law Enforcement Agency Decree No 15 of 1992.”
The 2nd to the 6th accused that stood trial with the appellant were jointly charged in the 3rd count with aiding the appellant to “deal” 290.15 kg of Indian Hemp [cannabis sativa] contrary to section 10(c) of the National Drug Law Enforcement Agency Act aforesaid and punishable under section 10 (d) of the same Act. There was also a fourth charge against the 2nd-6th accused” persons. At the trial the prosecution called five witnesses in all and the appellant and the other accused persons gave evidence but called no other witness. The second count against the appellant was withdrawn upon an application requesting the withdrawal of the charge by the prosecution on the 30th day of April 1998. The trial tribunal found the appellant guilty on count one and sentenced him to 10 years imprisonment.
