ANYASS JIBRIL v. THE REPUBLIC
2019
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU J.A. (PRESIDING)
- DZAMEFE J. A.
- WELBOURNE (MRS) J. A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Welbourne JA, writing for a three-judge panel of the Ghana Court of Appeal, dismissed the appeal of a 25-year-old businessman convicted on five counts of unlawful possession of narcotic drugs under PNDCL 236. Bureau of National Investigations officers in the Ashanti Region arrested him at his Asawasi, Kumasi residence and recovered 3,325 wrappers containing heroin and cocaine and cash. On appeal, he challenged the voluntariness of his caution statement (Exhibit K), the independence of the witness present during its taking, investigative efforts regarding a supplier named Blessing, alleged inconsistencies, and the failure to call Adiza. The Court reaffirmed the rehearing standard, held Exhibit K voluntary despite handcuffing, recognized a BNI security assistant as an independent witness under Ekow Russel, found conflicts immaterial and the evidence sufficient beyond reasonable doubt, affirmed the statutory minimum sentence of ten years, and dismissed the appeal.
JUDGEMENT
WELBOURNE, JA
This is an appeal against the judgment of the High Court, Kumasi, dated 11th January, 2013. The judgment is found at pages 109 to 131 of the Record of Appeal while the Notice of Appeal can be found at pages 132 to 135 of the Record of A ppeal, filed on 8th Februry, 2013 and 28th October, 2013.
The facts in this case are fairly simple and straightforward.
BRIEF FACTS:
The Brief Facts of this case as put forward by the Prosecution are that on the 4th of August 2011, personnel of the Bureau of National Investigations (BNI), Ashanti Region, arrested the Appellant herein at his residence at Asawasi, Kumasi and retrieved a total of three thousand, three hundred and twenty five (3325) wrappers of powdery and rocky substances which later tested positive for heroin and cocaine which are narcotic drugs. An amount of Three Thousand and Twelve Ghana cedis (GH₵3,012.00) and One Thousand One Hundred and Eighty Naira (N1,180.0) were also found in the Appellant’s room. The Appellant was subsequently arranged and tried before the High Court, Kumasi on the following charges:
Count One: Possession of Narcotic drugs without lawful authority contrary to Section 2(1) of the Narcotic Drugs (control), Enforcement and Sanctions Law, 1990 (PNDCL236).
The particulars of the offence was that the accused, a business man of 25years on or about the 4th of August 2011 at Asawasi, Kumasi in the Ashanti Region did without lawful authority. Have in his possession Twenty (20) wrappers of cocaine with a net weight of 0.4880 grams.
Count Two: Possession of Narcotic drugs without lawful authority contrary to Section 2(1) of the Narcotic Drugs (control), Enforcement and Sanctions Law, 1990 (PNDCL236).
The particulars of the offence was that the accused, a business man of 25years on or about the 4th of August 2011 at Asawasi, Kumasi in the Ashanti Region did without lawful authority. Have in his possession Two (2) wrappers of heroin with a net weight of 0.1217 grams.
Count Three: Possession of Narcotic drugs without lawful authority contrary to Section 2(1) of the Narcotic Drugs (control), Enforcement and Sanctions Law, 1990 (PNDCL236).
The particulars of the offence was that the accused, a business man of 25years on or about the 4th of August 2011 at Asawasi, Kumasi in the Ashanti Region did without lawful authority. Have in his possession Twelve (12) wrappers of cocaine with a net weight of 9.7553 grams.
Count Four: Possession of Narcotic drugs without lawful