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:

The accused pleaded not guilty of the offence. On the 2th day of April, 2004, trial commenced with prosecution calling five witnesses [in all] and the accused gave what he called statement as an accused and not a witness to himself. He called no witness. That was on the 28th day of July, 2004. Since there was no more witnesses to testify, the learned trial judge adjourned the case for judgment on 21st of September, 2004. On the 21st day of September, the trial court sat for judgment. However, a statement was recorded that the National Drug Law Enforcement Agency, Sokoto Command was in receipt of large brown envelope annexed to its drug analysis report dated 19th of August, 2004, which the learned counsel for the prosecution applied to be tendered from the bar. The accused was recorded not objecting and stated further that the analysis would assist them to know actually whether the drugs in question was Indian Hemp or not. The trial court admitted the sealed brown envelope in evidence as Exhibit 'E'. The court directed that Exhibit 'E' be unsealed in the open court and contents thereof was read aloud. The accused also read it. The trial court found the substance to be INDIAN HEMP CANABIS SATIVA through one Mr. Afolabi, a Chemistry Forensic Analyst. Thereafter, the accused made a plea to the trial court to tamper justice with mercy as his wife was sick and nobody to help her. He further begged for leniency. He finally stated that the allegation was true and he had no other defence open to him. The trial court thereafter proceeded to deliver its judgment on that same date [21st of September, 2004]. It found that the prosecution proved its case beyond reasonable doubt. It found the accused guilty of the offence charged. It convicted him and sentenced him to a minimum period of fifteen [15] years imprisonment without option of fine.

Dissatisfied with that decision, the convict appealed to the Kaduna Division of the Court of Appeal [court below]. The court below found no merit in the appeal. It dismissed the appeal and affirmed the trial court's judgment.

Dissatisfied further, the appellant filed his appeal to this court