Fedaeral Republic Of Nigeria V. Uchenna Iwuafor (2019)

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MARY UKAEGO PETER-ODILI, J.S.C. 

This is an appeal against the judgment of the Court of Appeal Ibadan Division or Court below or Lower Court delivered on the 5th May 2015, Coram: O. Daniel-Kalio, M. N. Oniyangi, N. Okoronkwo JJCA which upturned the decision, conviction and sentence of the appellant at the trial Federal High Court per Ofili- Ajumogobia J.

The matter at the trial High Court was handled summarily and to make the position clearer as to what transpired at that Court of first instance, I shall cite the charge and the proceedings on the day of arraignment: –

“BETWEEN

FEDERAL REPUBLIC OF NIGERIA – COMPLAINANT

AND

(1) UCHENNA IWUAFOR (M) – ACCUSED

CHARGE

That you Uchenna Iwuafor (M) and Mohammed Abubakar (M) on or about the 14th day of January 2008 at Oyo town in Oyo State, within the jurisdiction of this Honourable Court without lawful authority knowingly possessed 92 kilogrammes of Cannabis sativa otherwise known as Indian hemp, a narcotic drug similar to cocaine, heroin and LSD thereby committed an offence contrary to and punishable under Section

PAGE 1

11(d) of the NDLEA Act Cap. N.30 Laws of the Federation of Nigeria 2004.

(SIGNED)

P. E. UDOMIAYE ESQ., (Prosecuting Counsel)

For: Attorney General of the Federation.