S. O. ADOLE V BONIFACE B. GWAR
May 30, 2025EME ORJI V THE STATE
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 17489
In the Supreme Court of Nigeria
Fri Apr 4, 2008
Suit Number: SC. 334/2001
CORAM
OLABODE RHODES—VIVOUR
PARTIES
1. HENRY ODEH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was sentenced to 10 years imprisonment for dealing in drugs. The court of appeal set aside the conviction for the offence of dealing in drugs but sentenced the appellant to 15 years imprisonment for the offence of being in possession of drugs
HELD
The court upheld the conviction and held that the offence of being in possession of drugs is a lesser offence than the offence of dealing in drugs.
ISSUES
1. Whether the learned Justices of the Court of Appeal were right in law when they convicted and sentenced the appellant to 15 years imprisonment after setting aside his conviction by the trial Court (Tribunal) 2. Whether the learned Justices of the Court of Appeal were right in law when they relied on Exhibit 7 to convict the appellant for being in possession after count two of the charge dealing with possession had been withdrawn and struck out by the trial court (Tribunal)
RATIONES DECIDENDI
CASES CITED
1. Queen v. Nwaugoagwu [1962] 1 ALL NLR 2942. Shoshimo v. State 1974 10 SC 91, 3. Onasile v. Sam1 [1962] 1 ALL NLR 272.4. Wilson v. Queen [1959] 4 FSC 175
STATUTES REFERRED TO
The Court of appeal ActCriminal procedure Act
