CORAM

SYLVESTER UMARU ONU

IKECHI FRANCIS OGBUAGU

PARTIES

HENRY ODEH APPELLANTS

FEDERAL REPUBLIC OF NIGERIA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

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7 to convict the appellant for being in possession after count two of the charge dealing with possession had been withdrawn and struck out by the trial court (Tribunal)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 294|2. 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 Act|Criminal procedure Act|

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