(2011) JELR 44120 (SC)    

Supreme Court  ·  SC.253/2007 ·  20 May 2011 ·  Nigeria
Other Citations
Chukwuma v. F.R.N. (2011) 13 NWLR (Pt. 1264) 391
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULAHI MUNTAKA-COMMASSIE Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
reasonable doubt
learned trial judge
indian hemp
accused person
evidence act
lawful authority
lower court
learned counsel
sentence of the appellant
alleged confessional statement of the appellant
fair trial
notice of appeal of the appellant
section 10h of the ndlea
attorney general of bendel state
evidence of pw1
following words
general rule
jurisdiction of this honourable court
learned trial judge make reference
open court
22nd day of march
above cited case
case of azu v.
close of case
criminal case
drug analysis report
evidence of an expert
federal high court
following charge
hearing day
kaduna division of the court of appeal
leading judgment
mr. godwin chukwuma
probability of the accused person
said date
said pw1
sokoto state
submission of the learned counsel
sufficient evidence of facts

I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): On the 22nd day of March, 2004, Mr. Godwin Chukwuma (a.k.a. Goddy), a business man, accused/appellant herein, was arrested by the men of the National Drug Law Enforcement Agency (NDLEA) at Hajiya Halima area, Sokoto, in Sokoto State. The allegation against him was that he was found in possession of 305 kilogrammes of CANABI SATIVA, otherwise known as INDIAN HEMP without lawful authority. On the 30th day of March, 2004, the accused was arraigned before the Federal High court (trial court), holden in Sokoto. The following charge was read and explained to the accused:

"That you GODWIN CHUKWUMA (a k.a Goddy) male, 36 years of age of Mabera Area of Sokoto, on or about 22nd March, 2004 at Hajiya Halima area, Sokoto within the jurisdiction of this Honourable court and without lawful authority had in your possession 305 kilogramms of Canabis Sativa otherwise known as Indian Hemp, a Narcotic Drug similar to Cocaine and thereby committed…

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