Whether the Term of Imprisonment for the Offense of Unlawful Exportation, Transportation, or Trafficking of Cocaine, LSD, Heroin, or Any Similar Drugs Is Imposed with Hard Labour

CASE TITLE: CALISTUS v. FRN (2024) LPELR-61680 (CA)
JUDGMENT DATE: 6TH MARCH, 2024
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.

FACTS:
This is an appeal against the decision of the Federal High Court, Abuja Judicial Division, sitting in Abuja presided over by Ademola, J., delivered on March 21, 2014.

The Appellant was arrested at the Nnamdi Azikiwe International Airport on or about January 1, 2014, on the allegation that he imported 1,470 kilograms of hard drugs, subsequently confirmed to be cocaine, into the country. He was later arraigned on a lone charge pursuant to Section 11(a) of the National Drug Law Enforcement Agency Act, Cap N30, Laws of the Federation of Nigeria, 2004. He pleaded guilty to the said count, and after a review of the facts stated on oath by the lone witness of the prosecution who was not subjected to any cross-examination by the defence, the learned trial Judge convicted the Appellant and sentenced him to life imprisonment.

Dissatisfied, the Appellant filed an appeal in the Court of Appeal.

ISSUES FOR DETERMINATION:
The Court determined the appeal based on the following issues:

1. “Whether the trial of the Appellant on the charge other than the charge referred to in the affidavit in support of the charge does not violate the Appellant’s right to a fair hearing?
2. Whether the charge upon which the Appellant was arraigned, tried, and convicted is not fundamentally defective, which renders the arraignment and trial null and void,?
3. Whether the trial Court did not err in law by imposing a maximum sentence with hard labour that is in excess of the punishment for the offence.”
   

DECISION/HELD:
In the final analysis, the Court allowed the appeal in part only in relation to the sentence imposed on the Appellant. The Court set aside the sentence of hard labour imposed on the Appellant by the trial Court.

RATIOS:
• PRACTICE AND PROCEDURE – SPECULATION – Whether Court can act on speculations
• CRIMINAL LAW AND PROCEDURE – PLEA OF GUILT – Effect of a plea of guilt by an accused person where he is represented by counsel
• CRIMINAL LAW AND PROCEDURE – PLEA OF GUILT – Position of the law where an accused pleads guilty
• CRIMINAL LAW AND PROCEDURE – UNLAWFUL POSSESSION OF NARCOTIC DRUG – Instance where the offence of unlawful importation of narcotic drug will be said to have been established
• CRIMINAL LAW AND PROCEDURE – UNLAWFUL POSSESSION OF NARCOTIC DRUG – The punishment for the offence of unlawful exportation, transportation or trafficking of cocaine, LSD, heroine or any other similar drugs
• CRIMINAL LAW AND PROCEDURE – SENTENCING – Whether courts are obligated to pronounce sentence as provided in the statute

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