JOHN MONDAY OBI vs. THE REPUBLIC

A.M. A. DORDZIE, J. A. : FACTS: The facts of this case as narrated by the prosecution at the trial are that the appellant herein a Nigerian by nationality but domiciled in Italy, was at the Kotoka International Airport on the 30th of November 2007 to board a flight to Italy. He was arrested upon suspicion of carrying narcotic drugs in his belly. He was sent to the 37 Military Hospital where X-ray examination revealed that he had foreign materials in his belly. He was kept under observation and within 24 hours he expelled 23 pellets of a substance suspected to be cocaine. The pellets were sent to the Ghana Standard Authority for examination. It was confirmed that the substance the accused expelled was cocaine weighing 376.02 grammes. The appellant was subsequently charged on two counts of (1) Attempted exportation of narcotic drugs contrary to Sections (1) & 56 (a) of Narcotics Drugs (Control, Enforcement And Sanctions) Law, 1990 (PNDCL 236) And (2) Possession of Narcotic drug witho...