KWADWO NYARKO, SAMUEL KUMANI, DAUDA INUSAH VS. THE REPUBLIC [2022]DLCA12172

Date	2022-05-05
Suit No.	SUIT NO. H2/22/2021
Citation No.	[2022]DLCA12172

M. WELBOURNE (MRS) J.A. (PRESIDING)

BRIGHT MENSAH J.A.

KYEI BAFFOUR J.A.

MARTIN KPEBU FOR ACCUSED PERSONS/APPELLANTS

NORA QUAYE (SSA) FOR THE PROSECUTION/RESPONDENT

[2022]DLCA12172
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >KWADWO NYARKO, SAMUEL KUMANI, DAUDA INUSAH<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>&nbsp;<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; DATE: 5TH MAY
2022<o:p></o:p>

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="margin-bottom:0cm;margin-bottom:.0001pt;
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>&nbsp;WELBOURNE &nbsp;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.<o:p></o:p>&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>&nbsp;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>&nbsp;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>&nbsp;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>&nbsp;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 Appell</main>