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YAHAYA UMAR v. FEDERAL REPUBLIC OF NIGERIA


In The Supreme Court of Nigeria

On Friday, the 14th day of December, 2018

SC. 614/2016


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

PAUL ADAMU GALUMJE Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

YAHAYA UMAR - 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 the Court of Appeal sitting in kaduna. The Appellant was arraigned and prosecuted at the Federal High Court sitting in Kaduna Division. Appellant was convicted and sentenced to two years imprisonment in a judgment delivered on 10th day of July, 2014. The said conviction and sentence was confirmed by the Court of Appeal Kaduna Division in its Judgment delivered on the 5th day of February, 2016. 

The facts of the case are that on or about 23rd July, 2013 based on information, officials of the National Drug Law Enforcement Agency went to the House of the Appellant. The officers searched his house in his presence and that of his family and discovered some wraps of Cannabis Sativa in his bedroom and another quantity in a sack in his store, whereupon he was arrested and taken to their office in Zaria. At the NDLEA office, the substance recovered from the Appellant was tested in his presence and same tested positive for Cannabis Sativa which, he confirmed by thumb printing Exhibit B (certificate of test analysis form). The said substance were subsequently tested forensically and they also tested positive for Cannabis Sativa as evidenced by Exhibit "F" the drug analysis report signed by an Expert. 

Upon his arrest, the Appellant voluntarily made a statement to the investigating officer wherein he confessed to dealing in Cannabis Sativa. The Appellant was subsequently arraigned and tried at the  Federal High Court Kaduna. At the trial, the Appellant denied making the Confessional Statement, the Hon. Court after reviewing the circumstance of the said Confessional Statement, admitted same as Exhibit 'A'. The prosecution called four (4) witnesses and tendered several Exhibits including the Cannabis - Sativa weighing 6.350 Kilograms.

???At the close of the prosecution's case, the Appellant testified on his behalf. On 10th July, 2014 Judgment was delivered by the Federal High Court, and the Appellant was sentenced to imprisonment. The said sentence was affirmed by the Court of Appeal in a Judgment delivered on the 5th day of February, 2016. Further dissatisfied, the Appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on this sole issue couched as follows:
"Whether the evidence adduced at the trial Court established the guilt of the Appellant beyond reasonable doubt."

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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