KWADWO NYARKO AND 2 OTHERS vs. THE REPUBLIC [2022]DLCA11783

Date	2022-05-05
Suit No.	SUIT NO. H2/22/2021
Citation No.	[2022]DLCA11783

M. WELBOURNE (MRS)

J.A. (PRESIDING)

BRIGHT MENSAH

J.A.

KYEI BAFFOUR

MARTIN KPEBU FOR ACCUSED PERSONS/APPELLANTS

NORA QUAYE (SSA) FOR THE PROSECUTION/RESPONDENT

[2022]DLCA11783
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													<main id="main" class="content" style="min-height: 60rem" >KWADWO NYARKO AND 2 OTHERS<o:p></o:p>(ACCUSED
PERSONS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(PROSECUTION/RESPONDENT)<o:p></o:p>[COURT
OF APPEAL, 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;">

SUIT
NO. H2/22/2021&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: 5TH MAY 2022<o:p></o:p>

</div>COUNSEL<o:p></o:p>MARTIN KPEBU FOR ACCUSED PERSONS/APPELLANTS<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;">

NORA QUAYE (SSA) FOR THE
PROSECUTION/RESPONDENT<o:p></o:p>

</div>CORAM<o:p></o:p>M. WELBOURNE (MRS), J.A. (PRESIDING), BRIGHT
MENSAH, J.A., KYEI BAFFOUR, J.A.<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;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>WELBOURNE,
J.A<o:p></o:p>This is an appeal against the judgment of the High Court
(Criminal Division) dated 13th January, 2021. The Appellants appeal on the
ground that the sentence is harsh and excessive.&nbsp;The
facts <o:p></o:p>On the 14th of August 2020,
officers of the National Security Secretariat-SWAT stationed at Castle Blue
Gate intercepted 2 bags of “Ghana must go” bags in the possession of Kwadwo
Nyarko and Samuel Kumani, the 1st and 2nd Appellants, all residents of New
Afienya on suspicion that it contained narcotic drugs.<o:p></o:p>The two bags were opened in
the presence of the two suspects after they had been sent to the National
security Secretariat Office and were found to contain a total of thirty-five
dried compressed leaves suspected to be Cannabis sativa. Upon interrogation at
the Narcotics Control Commission, both Appellants denied ownership but admitted
that the bags indeed contained Cannabis Stiva and that they belonged to Inusah
Dauda, the 3rd&nbsp; Appellant whom they work
for as errand boys.<o:p></o:p>They further stated that the
3rd Appellant gave them an amount of GHȼ590.00
to pay for the collection of the Narcotic Drugs from an unknown man at James
Town. They also claimed that they carried out a similar errand for the 3rd
Appellant paid in the early part of the year 2020 and that the 3rd Appellant
paid them an amount of Twenty Ghana cedis (GHȼ20.00)
each in return for their service.<o:p></o:p>The 1st Appellant led a team
of NACOC official to the residence of the 3rd Appellant where with the
assistance of another employee of the 3rd accused called Victor Kotoku, the
door was opened and thoroughly searched in his presence.&nbsp; Five hundred and fifty-eight ( 558) wrapped
of dried leaves, nine (9) compressed slabs of dried leaves, nine (9) rock hard
brownish substances and fifty-one (51) wrapped of cannabis sativa, six (6)
boxes of London rolling papers, Fifteen (15) unused rubbers, quantity of herbal
medicines, a bunch of keys and an amount of GHȼ1,030.00
were found in the room of the 3rd Appellant.<o:p></o:p>As the officers were
leaving, 1st Appellant spotted the 3rd Appellant from a distance and
immediately alerted the arresting officers who arrested 3rd Appellant. At the
time of his arrest, he had in his possession an amount of GHȼ2,000.00 believed to be the proceeds of
the crime but which the 3rd Appellant expalined was actually a loan he had
taken to be used to bribe the arresting officers. The 3rd Appellant also
admitted knowledge and ownership of the 35 slabs of cannabis found in the
possession of the 1st and 2nd Appellants.<o:p></o:p>The items were all sealed
and sent to the Ghana Standard Authority for analytical examinaton and report.<o:p></o:p>The report revealed that all
the dried plant materials and the nine solid brownish substances all tested
positive of cannabis, a narcotic drug.<o:p></o:p>The
1st , 2nd and 3rd Appellants were charged with one count of the offence of
conspiracy to distribute narcotic drugs contrary to Section 23(1) of the Criminal Offence Act 1960 (Act 29) and
Section 42(1) of the Narcotic
Control Commission Act, 2020 (Act 1019). The 1st and 2nd Appellants were
additionally charged with one count of the offence of possession of narcotic
drugs without lawful authority contrary to Section 37(1) of the
Narcotic Control Commission Act, 2020 (Act 1019). The 3rd Appellant
was charged with one count of the offence of possession of narcotic drugs
without lawful authority contrary to the Section 37(1) of the
Narcotic Control Commission Act, 2020 (Act 1019).<o:p></o:p>Lastly,
the 3rd Appellant was charged with one count of offence of Money Laundering
contrary to Section 1 (1) (c) of the Anti-Money Laundering Act, 2014
(Act 874).<o:p></o:p>The 1st,
and 2nd Appellant pleaded guilty to the charges against them and were on each
count, finally sentenced to 5 years imprisonment and a fine of Ten Thousand
(10,000) penalty units or in default, three (3) years imprisonment, all to run
concurrently. Before arriv</main>