latter day challenge of the processes are unacceptable. He referred to Obiakor v The State (2002) 10 NWLR (Part 775) 612 at
627 F - H; Udo v The State (2006) 15 NWLR (Part 1061) 199.
Mr. Okpoko, learned counsel for the Respondent stated that the necessary witnesses had been called in proof of the case and
there was no need for any other. He cited Ugwumba v State (1993) 5 NWLR (Part 296) 660; Udo v State (supra); He urged the
Court to dismiss the appeal.
The above being the summary including the submissions the counsel on either side for and against the concurrent findings of
the Court below. The Appellant contends that the prosecution had not established or proved the case against the appellant as
required by law, that is, beyond reasonable doubt. The reasons for this view are that the prosecution had not established the
three essential ingredients of the alleged offence which are:
i.
That the possession must be within the knowledge of the Accused.
ii.
Unlawful possession of the substance known as Indian hemp.
iv.
That the substance is Indian hemp.
Also put across by learned counsel for the Appellant is that no expert analysed the said substance and testified accordingly.
That the evidence of PW2, the Exhibit Keeper did not qualify as the evidence of the expert needed.
The Respondent, taking a contrary view said all that was expected in proof beyond reasonable doubt by the prosecution had
been done by them and the concurrent findings by the two courts below cannot be faulted.
Section 10 H of the NDLEA Act pursuant to which the Appellant was charged provides as follows.“Any person who without lawful authority knowingly possesses the drugs popularly known as cocaine, LSD, heroine or
any other similar drug shall be guilty of an offence under this Act and shall be liable on conviction to be sentenced to
imprisonment for a term not less than fifteen years and not exceeding twenty five years”
Instructive is the fact that at the first instance a preliminary field test using the United Nations Testing Kit was conducted on the
aforesaid Indian hemp by PW2, Ibrahim Musa, the Exhibit Keeper in the presence of the Appellant who proved the positive
finding for Indian hemp at which he issued the relevant Exhibit Forms (Exhibits A, B and C) bearing the names, thumbprint or
signature of the appellant which were tendered and admitted in evidence without Appellant objecting. These pieces of evidence
were corroborated by the evidence of PW1, Bitrus Ajiku D. Some samples of the recovered Indian hemp were put in a heat
sealed evidence pouch and sent to the Forensic Laboratory for confirmatory Analysis. The Report therefrom, Exhibit “E” was
tendered from the bar. The remaining samples of the Indian hemp were tendered in Court as Exhibits D1- 12.
From the totality of evidence proffered, a clear link or nexus was made between the tendered Exhibits and the evidence of PW1
and PW2 including the chain of custody of the recovered drugs from the point of recovery up to the time they were tendered in
the court. From all that transpired, integrity of the recovered substances and the analysis and report was not impugned. The
attempt by the Appellant calling for a special expert whose testimony and credentials should have been put on display at the
trial and without which testimony the report would be rendered inadmissible and no weight to be attached thereto remained no
more than an attempt.
Moreover the prosecution is not expected or bound to call every witness before proof beyond reasonable doubt would be
established. See Udo v The State (2006) 15 NWLR (Part 1061) 199; Ugwumba v State (1993) 5 NWLR (Part 296) 660; Obiakor
v State (2002) 10 NWLR (Part775) 612.
In conclusion therefore both the Court of trial and as affirmed by the Court of Appeal were right in holding that the prosecution
discharged the burden placed on them by law and the Appellant did not put in place what could have dented the case
established by the prosecution.
From the above and the fuller reasons of my learned brother, Bode Rhodes-Vivour JSC in the Lead Judgment. I dismiss the
appeal and affirm the judgment of the Court of Appeal.
Counsel
Adewunmi Ogunsanya
with him
Mahmud Adesina
…….
For the Appellant