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MAMMAN IBRAHIM HARKA v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-44453(CA)

In The Court of Appeal of Nigeria

On Friday, the 18th day of May, 2018

CA/S/14C/2017


Before Their Lordships

HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria

MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria

FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria


Between

MAMMAN IBRAHIM HARKA - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on criminal law and procedure.

FACTS:
This is an appeal against the decision of he Federal High Court sitting at Sokoto.

The appellant was arraigned before the Federal High Court sitting at Sokoto on two counts charge which read as follows:
"Count One:
That you Mamman Ibrahim Harka, Male, 70 years, on the 26th day of May, 2014 at Buhutu Market, Sabon Birni Local Government Area, Sokoto State within the jurisdiction of this Honourable Court, without lawful authourity dealt in 900gramms of cannabis sativa, a narcotic drug similar to cocaine heroine and LSD and thereby committed an offence contrary to and punishable under Section 11C of the National Drug Law Enforcement Agency Act Cap N 30 Laws of the Federation of Nigeria, 2004.
Count two:
That you Mamman Ibrahim Harka Male, 70 years old, on the 26th day of May, 2014 at Buhutu Market, Sabon Birni Local Government Area, Sokoto State within the jurisdiction of this Honourable Court, without lawful authority dealt in 500grams of Diazepam a psychotropic substance a narcotic drug similar to cocaine heroin and LSD and thereby committed an offence contrary to and punishable under Section 11C of National Drug Law Enforcement Agency Act Cap N 30 Laws of the Federation of Nigeria, 2004.

Appellant pleaded guilty to the two counts of charge and upon reviewing the evidence of the two prosecution witnesses as well as the exhibits tendered, the trial Court convicted and sentenced the appellant to ten years imprisonment which sentence was to run concurrently.

Dissatisfied with the judgment, the appellant appealed to the Court of Appeal.


ISSUES:
The Appellant formulated a appellant a lone issue as follows:
"Whether from the entire circumstances of the case at the Court below, was correct in law in convicting the appellant for the offences contrary to Section 11C of the National Drug Law Enforcement Agency Act Cap N 30 Laws of the Federation of Nigeria, 2004 (Distilled from grounds 1, 2, 3 and 4)."


DECISION/HELD:
In the final analysis, the Court held that the lacks merit and it was thereby dismissed. The Court affirmed the judgment of the Federal High Court which convicted and sentenced the appellant.


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