NOKWE vs. THE REPUBLIC

JUDGMENT OF GBADEGBE JA Gbadegbe JA delivered the judgment of the court. On 16 November 1993, the appellant appeared before the High Court, Ho on a single count of possessing Indian hemp, contrary to section 2(1) of (PNDCL 236). When the charge was read over and explained to him, he pleaded guilty with explanation. The explanation which he offered to the charge which he faced was recorded in the proceedings of the said date, which may be found in the record of proceedings as follows: “When I was given the luggage it was full of foodstuffs to be given a brother in Abidjan. I never knew there was anything inside. It was only when I got to Akanu border when on asking everybody to bring his goods for inspection, I brought the three ice chest and on inspection they found the leaves inside. I told them how I got the items. I beg the court.” Following the said explanation, the learned High Court judge convicted the appellant “on his plea” and proceeded to sentence him to a te...