MR. OSA OSUNDE VS ECOBANK NIGERIA PLC (FORMERLY OCEANIC BANK INTERNATIONAL PLC)
April 18, 2025ENNIS OLAYINKA SUNDAY V FEDERAL REPUBLIC OF NIGERIA
April 18, 2025Legalpedia Citation: (2016) Legalpedia (SC) 11101
In the Supreme Court of Nigeria
Fri Jun 3, 2016
Suit Number: SC.373/2012
CORAM
MARY UKAEGO PETER-ODILI
KUMAI BAYANG AKA’AHS
JOHN INYANG OKORO
AMIRU SANUSI
KUMAI BAYANG AKA’AHS
MARY UKAEGO PETER-ODILI
MARY UKAEGO PETER-ODILI
MARY UKAEGO PETER-ODILI
MARY UKAEGO PETER-ODILI
KUMAI BAYANG AKA’AHS
JOHN INYANG OKORO
AMIRU SANUSI
MARY UKAEGO PETER-ODILI
JOHN INYANG OKORO
MARY UKAEGO PETER-ODILI
MARY UKAEGO PETER-ODILI
MARY UKAEGO PETER-ODILI
KUMAI BAYANG AKA’AHS
MARY UKAEGO PETER-ODILI
MARY UKAEGO PETER-ODILI
MARY UKAEGO PETER-ODILI
JOHN INYANG OKORO
KUMAI BAYANG AKA’AHS
KUMAI BAYANG AKA’AHS
JOHN INYANG OKORO
JOHN INYANG OKORO
JOHN INYANG OKORO
JOHN INYANG OKORO
JOHN INYANG OKORO
JOHN INYANG OKORO
AMIRU SANUSI
AMIRU SANUSI
AMIRU SANUSI
AMIRU SANUSI
AMIRU SANUSI
JOHN INYANG OKORO
JOHN INYANG OKORO
AMIRU SANUSI
AMIRU SANUSI
AMIRU SANUSI
AMIRU SANUSI
JOHN INYANG OKORO
JOHN INYANG OKORO
JOHN INYANG OKORO
AMIRU SANUSI
AMIRU SANUSI
AMIRU SANUSI
MARY UKAEGO PETER-ODILI
MARY UKAEGO PETER-ODILI
PARTIES
ABOBO BAALO APPELLANTS
FEDREL REPUBLIC OF NIGERIA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was summarily tried and convicted by the Federal High Court, Port-Harcourt division, of being in possession of 200 grammes of Indian Hemp (otherwise known as cannabis sativa), a narcotic drug contrary to Section 19 of the National Drug Law Enforcement Agency Act Cap. N30 Laws of the Federation of Nigeria 2004, following his plea of guilt. It was the Prosecution’s case that an operative staff of the National Drug Law Enforcement Agency (NDLEA) arrested the Appellant for being in possession of Indian Hemp. The Appellant voluntarily made a confessional statement to an NDLEA Staff that the substance was recovered from him and he was a dealer in such drug and substance. Upon arraignment at the trial court, he maintained his earlier stance and pleaded guilty to the offence charged after the charge was read and explained to him. At the resumed sitting on the adjourned date, the Appellant’s counsel informed the court that the Appellant intended to change his plea and the charge was read over and explained to him again. The Appellant however maintained his earlier stance and pleaded not guilty to the charge, in consequence of which the Prosecution tendered some documents which were admitted in evidence without any opposition by the defence counsel. The trial court thereafter convicted the Appellant and sentenced him to one and half years imprisonment with an order that the sentence be backdated to have commenced from the date of his arrest by NDLEA. Aggrieved by the conviction, the Appellant unsuccessfully appealed to the Court of Appeal, and has further lodged the instant appeal before this court.
HELD
Appeal Dismissed
ISSUES
1. Whether the learned justices of the Court of Appeal were not wrong in holding that the plea of guilt by the appellant was enough and sufficient to sustain the conviction and sentence of the appellant?
2. Whether the learned justices of the Court of Appeal were not wrong in holding that failure of the prosecution to serve exhibits used in the trial was not fatal to the entire proceedings?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria 1999 [as amended]
2. Evidence Act 2011 (as amended)
3. National Drug Law Enforcement Agency Act, Cap N30, LFN 2004
