[1965]DLSC1835 • December 6, 1965 • Supreme Court •
NYAMENEBA AND OTHERS vs. THE STATE
The appellants, members of a religious sect in Princess Town, Western Region, were charged with cultivating, possessing, and smoking Indian hemp. They claimed the herbs were 'herbs of life' used in their religious worship and medicinal practices for over four years. The appellants openly displayed and used the herbs, asserting their spiritual and medicinal value, and denied that the herbs were Indian hemp. The local chief and elders suspected the herbs were Indian hemp and reported the matter to the police. The prosecution tendered a chemist's report certifying the herbs as Indian hemp, but the appellants disputed this and requested to cross-examine the chemist, who was not called to testify.
read moreJUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. This is a very interesting case both as well with respect to the facts as with respect to the law involved. The appellants were tried at the criminal session, Takoradi, by a circuit judge with the aid of assessors, on an indictment which charged some of them with possessing Indian hemp, some with smoking Indian hemp, and all of them with cultivating Indian hemp. The appellants are members of a certain religious sect, and live in a place called Princess Town in the Western Region. For the last four years or more prior to their arrest they have been growing certain herbs and been using them for all sorts of things, e.g. they have been burning a herb as incense for invocation at their worship, making soup out of it, boiling and using it themselves or administering it to other people as medicine for all kinds of ailment with success. They alleged that the father of one of them, upon spiritual inspiration, di...