HENRY KWAKU OWUSU vs. THE REPUBLIC

The appellant, Henry Kwaku Owusu, was convicted by the Greater Accra Regional Tribunal on two counts of exportation of narcotic drugs without lawful authority contrary to section 11 of the Narcotic Drugs Control, Enforcement and Sanctions Law, P.N.D.C. Law 236 of 1990. The prosecution evidence included interception of narcotics concealed in food items exported from Ghana to the UK. The appellant was arrested on 24th July 2005 and remained in lawful custody for over three years before his conviction and sentencing on 26th November 2008 to 14 years imprisonment with hard labour on each count, to run concurrently. The trial tribunal did not expressly state that it took into account the period of pre-trial custody as required by Article 14(6) of the 1992 Constitution. The Court of Appeal affirmed the conviction and sentence, also without addressing the pre-trial custody period.

APPAU, JSC: Section 1 (1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Act, 1990 [P.N.D.C.L. 236] provides:“A person who imports or exports a narcotic drug without a licence issued by the Minister responsible for Health for that purpose commits an offence and on conviction is liable to a term of imprisonment of not less than ten years”. Article 14 (6) of the 1992 Constitution of the 4thRepublic of Ghana also provides:“Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he has spent in lawful custody in respect of that offence before the completion of his trial shall be taken into account in imposing the term of imprisonment”. On the 26th day of November 2008, the appellant herein, Henry KwakuOwusu, was tried and convicted by the Greater Accra Regional Tribunal on two counts of exportation of narcotic drugs without lawful authority contrary to section 1 (1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law...