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KWADWO NYARKO & 2 ORS
V.
THE REPUBLIC

(2022) JELR 112301 (CA)

Court of Appeal 5 May 2022 Ghana
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- This case is an appeal against a judgment in a criminal case. - The appellants were found in possession of bags containing suspected narcotic drugs. - The appellants admitted that the drugs belonged to a third party and that they were pai

Case Details

Suit Number:H2/22/2021
Judges:M. Welbourne (Mrs), J.A. (Presiding) Bright Mensah, J.A. Kyei Baffour, J.A.
Counsel:Martin Kpebu for the Accused Persons/Appellants; Nora Quaye (SSA) for the Prosecution/Respondent.
Location:Accra

JUDGMENT

WELBOURNE, J.A:

This is an appeal against the judgment of the High Court (Criminal Division) dated 13th January, 2021. The Appellants appeal on the ground that the sentence is harsh and excessive.

The facts 

On the 14th of August 2020, officers of the National Security Secretariat-SWAT stationed at Castle Blue Gate intercepted 2 bags of “Ghana must go” bags in the possession of Kwadwo Nyarko and Samuel Kumani, the 1st and 2nd Appellants, all residents of New Afienya on suspicion that it contained narcotic drugs.

The two bags were opened in the presence of the two suspects after they had been sent to the National security Secretariat Office and were found to contain a total of thirty-five dried compressed leaves suspected to be Cannabis sativa. Upon interrogation at the Narcotics Control Commission, both Appellants denied ownership but admitted that the bags indeed contained Cannabis Stiva and that they belonged to Inusah Dauda, the 3rd  Appellant whom they work for as errand boys.

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