Whether the Statement(S) of an Accused Person must be Read in Open Court

CASE TITLE: PAWA v. FRN (2022) LPELR-56806(CA)

JUDGMENT DATE: 11TH FEBRUARY, 2022

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: JAMES SHEHU ABIRIYI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the offence of being in unlawful possession and transporting cannabis sativa/indian hemp.

FACTS

This appeal is against the judgment of the Federal High Court of Nigeria, Bauchi.

On 4th January, 2017, five sacks of weeds were found in the boot of a Honda Accord car with registration number AR 67 DAL, belonging to the Appellant. The Appellant was arrested. He was taken to the Police Station, and was later transferred to the NDLEA office with the weeds. The weeds were tested in the NDLEA office in the presence of the Appellant, and were said to be positive. The weeds were sent for a further test to Lagos.

In his defence, the Appellant stated that he picked a passenger with some goods at Danu on his way to Azare. He did not know the nature of the goods the passenger was carrying. While he was waiting for the owner of the goods at Itas Gadau Local Government Area of Bauchi State, the Police arrested him on the allegation that he was a Boko Haram member. The police collected his car key, opened the boot of the car and found cannabis. They inquired about the owner of the cannabis, and he told them that the owner of the cannabis went to the town.

The trial Court, after considering the cases of both parties, convicted the Appellant on both counts of the charge against him and sentenced him to ten and fifteen years custodial service. Both sentences were to run concurrently. Dissatisfied, Appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

The appeal was determined on a lone issue viz:

“Whether the Respondent proved the offences for which the Appellant was charged beyond reasonable doubt.”

DECISION/HELD

The appeal was unanimously dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – UNLAWFUL POSSESSION OF NARCOTIC DRUG: Ingredients the prosecution must prove to succeed in a charge of unlawful possession of indian hemp
• CRIMINAL LAW AND PROCEDURE – CRIMINAL TRIAL/PROCEEDINGS: Whether the statement(s) of an accused person must be read in open Court
• CRIMINAL LAW AND PROCEDURE – GUILT OF AN ACCUSED PERSON: How to establish/prove the guilt of an accused person