[2009]DLHC4806 • December 23, 2009 • High Court
THE REPUBLIC vs. AUGUSTINA ABU AND OTHERS AT LARGE AND BEYOND THE JURISDICTION OF THIS COURT
The case concerns the interception at Tema Port of a container consigned to Augustina Abu Enterprise containing 1,880 cartons of chewing gum from Ecuador. Upon examination, two bags containing 61 slabs of cocaine (56,685.7199 grams) were found on top of the cartons. The first accused, Augustina Abu, was arrested and charged with conspiracy to import cocaine and importation of cocaine without a license. The prosecution alleged conspiracy with others at large beyond the court's jurisdiction. The accused denied knowledge of the cocaine and claimed the cocaine was not part of her consignment.
read moreOn the 16-11- 2009, I was authorised to sit as an additional High Court Judge to hear this case by Her Ladyship, the Chief Justice of the Republic of Ghana under Article 139 (1) (c) of the 1992 Constitution and section 14 (1) (c) of the Courts Act 1993,(Act 459) as amended. The first Accused person herein Augustina Abu, from the charge sheet was charged together with others alleged to be at large and beyond the jurisdiction of this court. However the prosecution in this case failed to name and or identify the accused persons who are at large and beyond the jurisdiction of this court. The first Accused Augustina Abu and the others at large were charged jointly with one count of engaging in criminal conspiracy to commit an offence namely importation of cocaine, a narcotic drug. The first Accused alone was charged with additional count of importation of narcotic drug namely cocaine without licence all contrary to sections 56(c) and1 (1) of the Narcotic Drugs (Control, Enforcement and Sanc...