KOWOVIE SEBOM vs. THE REPUBLIC [2018]DLHC8181

Date	2018-11-15
Suit No.	COURT CASE NO. D15/02/2018
Citation No.	[2018]DLHC8181

HIS LORDSHIP JUSTICE JACOB B. BOON

KENNETH ADABAYERI FOR THE APPELLANT

EMMANUEL OTOO BOISON FOR THE REPUBIC

[2018]DLHC8181
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													<main id="main" class="content" style="min-height: 60rem" >KOWOVIE SEBOM<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>[HIGH COURT,
BOLGATANGA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

COURT
CASE NO. D15/02/2018&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 15TH NOVEMBER, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KENNETH
ADABAYERI 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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EMMANUEL
OTOO BOISON FOR THE REPUBIC<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>This is an appeal from the decision of
Bolgatanga Circuit Court presided over by His Honour Malcolm Bedzrah. In the
court below, the appellant was charged on one count with possessing a narcotic
drug without lawful authority contrary to section 2 (1) of Narcotics Drugs
(Control Enforcement and Sanctions) Act of 1990 (PNDCL 236). The case went
through full trial and at the end of the hearing, the appellant was found
guilty and sentenced to a prison term of ten years in hard labour. The
appellant is peeved with the decision of the lower court and has filed the
instant appeal on the following grounds:<o:p></o:p>(1)&nbsp;&nbsp;
That
the judgment is not supported by the evidence on record.<o:p></o:p>(2)&nbsp;&nbsp;
That
the Judge erred in law when he denied appellant the right to cross examine on
the alleged forensic report on the narcotic substance that led to the
conviction and sentence of the appellant.<o:p></o:p>(3)&nbsp;&nbsp;
That
the Judge erred in law when he convicted and sentenced appellant while the
prosecution failed to tender the statements (i.e caution and charge statements)
they procured from the appellant to enable appellant cross-examine same.<o:p></o:p>(4)&nbsp;&nbsp;
That
the Judge erred in law when he wrongly disallowed appellant’s applicantion for
submission of no case after the close of prosecution’s case and proceeded to take
evidence from the appellant leading to his conviction and sentence.<o:p></o:p>The facts of the case as presented by
the prosecution at the court below are that the appellant is a mason and a
resident of Nogsenia, a suburb of Navrongo.&nbsp;
On the night of 24th June, 2014, around 10.20 pm, the police night
patrol team upon a tip-off that some people were peddling narcotic drugs around
the Yusi Dam area, raided House No. CAB 14.&nbsp;
Appellant and one other were in a room in which a ‘Ghana must go’ bag,
secured with a padlock, and a mini fertilizer bag, both containing dry leaves
suspected to be cannabis, were also found. The appellant and his companion were
arrested and, together with the exhibits, taken to the police station. They
denied ownership of the items when they were cautioned. However, when they were
searched two keys were found on the appellant. The keys opened the padlock used
to secure the ‘Ghana must go’ bag. The appellant volunteered another statement
in which he said someone he knows only as Kaba brought the items to him with
instructions to be handed over to one Anaba, but could not lead police investigators
to either of the two men. The exhibits were forwarded to the Police Forensic
Laboratory for analytical examination and the results indicated the leaves
tested positive for cannabis, &nbsp;based on
which the appellant was charged and arraigned before the court below.<o:p></o:p>In the court below, the prosecution
called three witnesses, all police officers.&nbsp;
Indeed, the first two were part of the patrol team that arrested the
appellant and also took custody of the exhibits upon his arrest. The third
witness is the police officer who investigated the allegation against the
appellant. The appellant when called on to open his defence testified on oath,
but called no witness in support of his defence. <o:p></o:p>Now, it is well-settled that an appeal
is by way of re-hearing. In the light of this principle of law, an appellant court
could review the record of the lower court in order to ascertain whether or not
the conviction and sentence, as in the instant case, are maintainable in that
they were arrived at in accordance with the law.&nbsp; In doing so, I will take into consideration, the
grounds of appeal filed for the appellant by his lawyer.&nbsp; I have noted the eloquent address filed by
Mr. Emmanuel Otoo Boison, Senior State Attorney, Counsel for the respondent, in
reaction to that of his colleague for the appellant, Mr. Kenneth Adabayeri. I
am inclined to follow the order in which Mr Boison presented his address,
believing he did a commendable and exhaustive job.<o:p></o:p>