GEORGE BONSU @ BENJILLO vs. REPUBLIC [1999]DLSC6409

Date	1999-12-22
Suit No.	GEORGE BONSU @ BENJILLO (APPELLATE) vs. REPUBLIC
Citation No.	[1999]DLSC6409

MRS. BAMFORD-ADDO J.S.C.(PRESIDING)

AMPIAH J.S.C.

KPEGAH J.S.C.

ATUGUBA J.S.C.

SARPONG J.S.C.

MR. PETER ALA ADJETEY FOR THE APPELLANT. APPELLANT IN PERSON

MR. OSAFO SAMPONG CHIEF STATE ATTORNEY FOR RESPONDENT

[1999]DLSC6409
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													<main id="main" class="content" style="min-height: 60rem" >GEORGE BONSU @ BENJILLO<o:p></o:p>(APPELLATE)<o:p></o:p>vs.<o:p></o:p>REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>[SUPREME
COURT, ACCRA]<o:p></o:p><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CRIMINAL
APPEAL NO. 7/98&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 22ND DECEMBER, 1999.<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. PETER ALA ADJETEY FOR THE
APPELLANT. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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APPELLANT IN PERSON. <o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>MRS.
JOYCE BAMFORD-ADDO, J.S.C.: <o:p></o:p>This
appeal arose out of the case of Sylvester Chuka Osunoh and four others
including appellant who was 2nd Accused in the case. The charge sheet contains
three Counts but the Count in respect of which appeal has been brought relates
to Count 3 and reads as follows:<o:p></o:p>&nbsp;"Count Three <o:p></o:p>Statement
of Offence <o:p></o:p>Possessing
Narcotic Drug contrary to Section 2(1) of the Narcotic Drugs (Control
Enforcement and Sanction) Law 1990 (PNDCL 236) <o:p></o:p>Particulars of Offence <o:p></o:p>Sylvester
Chuka Osunoh, George Bonsu @ Benjillo, <o:p></o:p>Henry
Akoto, Gordon Amartey and Alexander Osunoh on the 27th March 1996 at Accra in
the Greater Accra Circuit of the Republic of Ghana and within the jurisdiction
of this Tribunal did have in your possession 417.0670 grammes of heroin a narcotic
drug, without lawful authority.” <o:p></o:p>The
facts are that on the 27th of March 1996 Gordon Amartey 4th Accused in the case
and an administrative officer of the General Post Office, Accra collected an
EMS parcel addressed to one Iddrisu Mohammed from the post office. Upon
collection of the parcel he took it to an office and put it in a disused fridge
and he was later arrested by the Narcotics Central Board and the Customs Excise
and Preventive Services (CEPS) officials who had mounted surveillance on him.
When he was arrested he retrieved the parcel and led the officers to the Office
of the third Accused Akoto to whom he handed over the parcel. Akoto upon
receipt of same also handed it to a stationary dealer and the boy at once put
it in a box near him and closed it. Akoto was also arrested and when questioned
as to who owned the parcel he led them to 2nd Accused's shop and handed the
parcel to 2nd Accused who took possession of it. Upon interrogation 2nd Accused
in turn claimed that it belonged to one Mohammed who asked him to receive it
from 3rd Accused and to keep it until it was collected from him by 1st Accused,
a Nigerian. <o:p></o:p>He
took the officers to a Hotel in Accra where he claimed 1st Accused was lodging
but latter was not met. They then all returned to 2nd Accused Store where 1st
and 5th Accused persons both Nigerians were met waiting, and 2nd Accused handed
over the parcel to 1st Accused. All the five accused persons were arrested and
taken to the Narcotic Boards office where the parcel was opened and was found
to contain two books whose hard covers were packed with some substance later
found to be heroin. Whereupon the five persons were charged with the three
counts of the following offences: <o:p></o:p>Abetment
of crime to wit unlawful importation of Narcotic Drug contrary to s.5(C) of the
Narcotic Drugs (Control Enforcement and Sanctions) Law 1996 PNDCL 236 Unlawful
importation of Drugs contrary to Section 1(1) of PNDCL 236 and Possessing
Narcotic Drug contrary to Section 2(1) of PNDCL 236. They were first put before
the Greater Accra Circuit Tribunal but later the case was transferred to the
Greater Accra Regional Tribunal for trial. All five accused persons were tried
together but 1st and 5th Accused who had by then absconded were tried in
absentia, and they were convicted and sentenced. <o:p></o:p>The
three Ghanaians 2nd , 3rd and 4th Accused persons appealed their convictions to
the Court of Appeal. In respect of the present Appellant the Court of Appeal upheld
his appeal on the Abetment charge but affirmed the conviction on Count 3 i.e.
unlawful possession of heroin and dismissed his appeal on that count. He was
sentenced to 10 years imprisonment. Appellant Accused has further appealed to
this court on the following grounds namely: <o:p></o:p>“1.
That the Court erred in law when it held that the fact that the Appellant
handled the parcel, later found to contain a narcotic drug, to wit, heroin,
before handing it over to the </main>