THE REPUBLIC vs. PATIENCE KAKPLESI FIAMANYA [2020]DLHC10139

Date	2020-05-11
Suit No.	CASE NO. CR 272/2019
Citation No.	[2020]DLHC10139

JUSTICE GEORGE BUADI J

DORCAS FELLI MRS (STATE ATTORNEY) FOR THE REPUBLIC

EMMANUEL EWOL (ON PRO BONO) FOR THE ACCUSED PERSON

[2020]DLHC10139
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>PATIENCE KAKPLESI FIAMANYA<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

CASE NO. CR
272/2019&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:
11TH MAY 2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>DORCAS
FELLI MRS (STATE ATTORNEY) FOR THE REPUBLIC<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

EMMANUEL
EWOL (ON PRO BONO) FOR THE ACCUSED PERSON<o:p></o:p>

</div>CORAM:<o:p></o:p>JUSTICE
GEORGE BUADI, J<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;1.0&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Background<o:p></o:p>1.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Judgment in this suit was scheduled for
delivery on 30 March 2020. It could not be delivered due to the restrictive
order that the President of the Republic issued in addressing the Coronavirus
pandemic. The executive order, subject to a few exemptions, affected and
restricted the movement of persons and residents within the Accra metropolis,
certainly including the parties and their lawyers in the matter who as a result
did not turn up in court, though the court was ready.<a href="file:///C:/Users/aggie/Desktop/2020-21/Criminal/Rep%20v%20Patrience%20Fiamanya%20(2021_01_25%2010_26_20%20UTC).docx#_ftn1" name="_ftnref1" title="">[1]</a>
Despite the absence of the parties and their lawyers, the lawyers kept contact
with the court clerks and agreed with the clerk to reschedule the delivery of
the judgment to today 11 May 2020. <o:p></o:p>&nbsp;1.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Patience Kakplesi Fiamanya, the accused
herein has been charged with the criminal offense of possession of a narcotic
drug, Cannabis Sativa without lawful authority contrary to s.2(1) Narcotic
Drug (Control, Enforcement, and Sanctions) Act, 1990 (PNDC Law 236). She
pleaded not guilty to the charge. The prosecution called five witnesses in
support and proof of the charge. The accused testified in her defense but
called no witnesses in support of her defense.<o:p></o:p>&nbsp;2.0&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Facts
of the case<o:p></o:p>2.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The brief facts I deem relevant to
recount here are that, the accused, a 39 year old woman is a resident of Adutor
in the Volta Region. She was arrested by officers of the Narcotic Control Board
(NACOB) Accra in a passenger vehicle that the said officials intercepted. Upon
a search on the vehicle, two baskets were identitied to be containing
quantities of compressed slabs and parcels of substance suspected to be
Cannabis Sativa that were concealed in the baskets and covered with dried fish.
The accused claimed ownership of two baskets. The vehicle was intercepted and
searched based on intelligence that some market women who go to Gemeni on market
days usually convey prohibited drug substances to Accra in baskets covered with
foodstuffs. <o:p></o:p>&nbsp;2.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The detailed facts as narrated by the
prosecution as contained on the factsheet are that on 6 February 2019, the
intelligence of NACOB spotted a Hyundai 100 vehicle around the Gemeni river
bank loading foodstuffs. After loading, the vehicle proceeded to the lorry
station where it picked six passengers and thereafter set off. NACOB officers
followed the vehicle but realized the vehicle was not bound for Accra, and so
intercepted the vehicle and its occupants near Adidome and escorted them to
Adidome Police Station. The NACOB officers made occupants of the intercepted
vehicle identify their luggages. The accused identified the two baskets as
hers. A search into the two baskets led to the discovery of dried leaves that
had been compressed into slabs and oval shapes with smoked and dried fish on
top.<o:p></o:p>&nbsp;2.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Though claiming ownership of the two
baskets, the accused denied knowledge that they contained the compressed slabs
and oval shapes dried leaves. According to her, on 3 February 2019, she visited
her boyfriend at Gemeni and that on her return back to Adutor from Gemeni on 6
February 2019, one Koku a Togolese male friend of her boyfriend Joe Kaki
pleaded with her to accept two baskets of smoked fish and to deliver them to
one Conny at Sogakope. According to her, she believed the basket contained
nothing besides the smoked fish. She denied knowledge of the drug substance,
claiming that if she knew, she would not have agreed to accept the baskets and to
transport them.<o:p></o:p>&nbsp;3.0&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
law, ingredients of proof, and the evidence at trial<o:p></o:p>3.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The law on which the accused had been
charged – s. 2(1) Narcotic Drug (Control, Enforcement, and Sanctions) Act, 1990
(PNDC Law 236) provides that:<o:p></o:p>&nbsp;2.&nbsp;&nbsp; Prohibition on possession of narcotic drugs <o:p></o:p>(1)&nbsp; A person who, without lawful authority, the
proof of which lies on that person, has possession or control of a narcotic
drug commits an offense. <o:p></o:p>(2)&nbsp; A person found guilty of an offense under
subsection (1) is liable on conviction to a term of imprisonment of not less
than ten years. <o:p></o:p>&nbsp;3.2&nbsp;&nbsp;&nbsp;</main>