EMMANUEL v. THE FEDERAL REPUBLIC OF NIGERIA

MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering The Leading Judgment): This is an Appeal against the Judgment of Honourable Justice A. O. Faji of the Federal High Court Holden at Ilorin delivered on the 16th day of June, 2015.

The Appellant was arrested on the 25th day of April, 2015 alongside at Aboto Village in the Asa Local Government Area of Kwara State by officers of the National Drug Law Enforcement Agency (NDLEA).

The Appellant was thereafter arraigned at the Federal High Court, Ilorin on the 12th day of May, 2015 on a lone Count Charge of dealing in 34 Kilograms of Cannabis Sativa dated the 27th of April, 2015 and filed on the 28th day of April, 2015.

On that date the charge was read and explained to the Appellant in English Language and he appeared perfectly to understand same. He therefore pleaded guilty to the charge.

The charge preferred against the Appellant read as follows:
THAT YOU MONDAY EMMANUEL, Male, Adult, 30 on or about the 25th day of April, 2015 Aboto Village in Asa Local Government Area of Kwara State, within the jurisdiction of this Honourable Court, without lawful authority dealt in 34 Kilogrammes of Cannabis sativa (otherwise known as Indian hemp) a drug similar to cocaine, Heroin, LSD etc and thereby committed an offence contrary to and punishable under Section 11(c) of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004.

On the 16TH day of June 2015, the Respondent presented the facts against the Appellant and the Court having satisfied with the facts so presented convicted and sentenced the Appellant to two 2 years imprisonment starting from the 25th of April 2015.
Dissatisfied with the Judgment, the Appellant filed a Notice of Appeal containing two Grounds of Appeal on 27th of January, 2017.
Appellant’s Brief of Argument is dated 01/08/2017 and filed on 02/08/2017. It is settled by Ahmed Akanbi, Esq.
The Respondent’s Brief of Argument is Dated 31/01/2018 and filed on 22/02/2018. It is settled by Mrs. M. O. Adeleye, Assistant Director Prosecution and Legal Services NDLEA.
Learned Counsel nominated two (2) Issues for determination of the Appeal. They are:
1. Whether the trial Court rightly convicted and sentenced the Appellant upon a defective Charge contrary to the decision of the Supreme Court in BAGUDU VS. YAKI (2015) 18 NWLR (PT. 1491) Page 299, 300 and 301 (Ground One of the Notice of Appeal).
2. Whether non-compliance with Section 308 of the Administration of Criminal Justice Act, 2015 by the trial Judge vitiates the entire proceedings. (Ground Two of the Notice of Appeal.
Learned Counsel for the Respondent reframed the two Issues formulated by the Appellant for determination as follows:-
i. Whether the charge upon which the Appellant was convicted and sentenced by the trial Court was defective.
ii. Whether the Honourable trial Judge was required to comply with the Provision of Section 308 of the Administration of Criminal Justice Act 2015 in arriving at his decision to convict and sentence the Appellant.
On Issue One, learned Counsel for the Appellant submitted that the charge sheet upon which the Appellant was arraigned convicted and sentenced is defective and incompetent.
That it is evident that the charge sheet preferred against the Appellant failed to comply with the mandatory Provisions of Rule 10 (1), (2) and (3) of the Rules of Professional Conduct, 2007 as the State Counsel who prepared the charge sheet did not affix his/her Nigeria Bar Association (NBA) approved stamp and seal.
On this, he referred to the decision of the Supreme Court per Nwali Sylvester Ngwuta, JSC in the case of Senator BELLO SARAKIN YAKI (RTD) & ANOR VS. SENATOR ATIKU ABUBAKAR BAGUDU & 2 ORS. (2015) 18 NWLR (PT. 1481) 299 at 300-301.
He submitted that based on the above authority, the learned trial Judge ought not to have taken cognizance of the defective charge sheet during the course of its proceeding let alone convict and sentence the Appellant on a defective charge not properly filed and its filing not regularized.
Learned Counsel for the Respondent on the other hand submitted on Issue One that the trial Court rightly convicted and sentenced the Appellant upon the charge sheet dated 27th day of April, 2015 and filed on 28th of April 2015. That the charge upon which the Appellant was convicted and sentenced was neither defective nor incompetent.
Respondent’s Counsel submitted as a matter of fact that the mandatory affixure of seal and stamp approved by the Nigeria Bar Association have not been enforced as at 28th of April, 2015 when the charge was filed and the 12th of May, 2015 that the charge was read and explained to the Appellant.