JOSEPH AWUNOR
V.
THE REPUBLIC

(2013) JELR 65477 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H2/9/2013 ·  10 Apr 2013 ·  Ghana
CORAM
MARIAMA OWUSU J. A. (PRESIDING) ,ADUAMA OSEI J.A. , GYAN J.A.
Core Terms Beta
appellant
trial judge
counsel
exhibit b
republic
narcotic drug
accused person
cannabis sativa
independent witness
confession statement
appellant’s statement
instant case
caution statement
constructive possession of the narcotic drug
credible witness
hyundai mini bus
portion of the judgment
possession of the drugs
prosecution witness
sufficient evidence
above piece of evidence
above submissions
antoh vs
appellant’s house
brief background of this case
careful reading of the judgment shows
cartons of fresh pepper
case of munkaila vs republic
cases of amartey vs
charges of possession of narcotic drug
concealed dried leaves
content of exhibit b
contradictory statements
court of appeal
cross examination of pw1
decision of the high court
essential requirement of an independent witness
evidence of pw1
evidence of pw2
exportation of narcotic drug
following cases
following grounds
high court
j.a
possession of the drug
prosecution witnesses
said cargo
statement exhibit b.
story of pw1

JUDGEMENT

MARIAMA OWUSU, J.A:

On 13-7-2012, the High Court, Accra, found the appellant guilty on the charges of Possession of Narcotic Drug without Lawful Authority and Attempted Exportation of Narcotic Drug without license issued by the Minister of Health Contrary to sections 2 [1] and 1 [1] of the Narcotic Drug [Control, Enforcement and Sanctions] Law 1990, PNDCL 236. He was convicted on both counts and sentenced to 10 years IHL.

Dissatisfied with the decision of the High Court, he appealed to the Court of Appeal on the following grounds.

1. The trial Judge erred when he found that the appellant was in possession of the drugs.

2. The trial Judge erred when he invited the appellant, then accused to open his defence.

3. Additional Grounds may be filed upon receipt of a certified true copy of the proceedings of the High Court.

Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of this case.

On 20-3-2010, one Godfred Esianu, a Clearing …

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