ISSAH AYABA (APPELLANT) vs. THE REPUBLIC (RESPONDENT)

The appellant in this case was charged and arraigned before the circuit court, Tarkwa with the offence of Prohibition on Possessing Narcotic Drug contrary to section 2(1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Act 1990, PNDCL 236. He stood charged together with one Albert Cudjoe, alleged to have abetted appellant to commit the crime. The appellant, as A1, pleaded guilty with explanation whilst Cudjoe, A2, pleaded not guilty. The facts presented by the prosecution at the court below are material to the determination of this appeal and I reproduce them as follows: On 11/4/10 at about 12pm, police had information that the accused persons were transporting quantity of dried leaves cannabis sativa (Indian hemp) from Sefwi Homegyebre heading towards Asankragwa. Based on the information, police laid ambush at the outskirts of Asankragwa on the Sefwi Bekwai—Asankragwa main road. An hour later, a taxi cab with Registration No. AS 198-10 pulled up from the Sefwi Bekwai.....