CHRISTIAN ASEM DARKEH alias SHERIF v. THE REPUBLIC
October 30, 2019
COURT OF APPEAL
GHANA
CORAM
- OFOE, J.A
- TANKO, J.A
- POKU-ACHEAMPONG,J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
October 30, 2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On appeal from the High Court, the Ghana Court of Appeal (per Ofoe JA, with Tanko JA and Poku-Acheampong JA concurring) upheld the convictions of businessman Christian Asem Darkeh for conspiracy, importation, possession of narcotic drugs, and corruption of public officers arising from the MV Benjamin cocaine saga. The court recounted evidence that MV Benjamin, chartered by Darkeh, sailed on the high seas to receive 77 parcels invoiced as fish, changed names, docked at Tema, and had 76 parcels clandestinely offloaded into a life boat. Fishermen and police witnesses described the offloading at Paradise Beach under Darkehs supervision, armed guards, payments in dollars, and subsequent bribery at Darkehs Community 5 residence. A parcel recovered from the vessels hatch tested positive for cocaine. Applying principles of circumstantial evidence and constructive possession, the Court of Appeal affirmed the convictions. It rejected claims that the judgment was against the weight of the evidence and found no breach of Article 14(6), but reduced the concurrent sentence from 22 years to 10 years, noting Darkehs status as a first offender and broader sentencing policy concerns.
OFOE,J.A:
The appellant, Christian Asem Darkeh, who we will continue to refer to as the accused, was charged before the High Court with the following offences and particulars:
COUNT ONE
STATEMENT OF OFFENCE Conspiracy to import Narcotic Drugs without lawful authority contrary to sections 56(c) and 1(1) of the Narcotics Drugs (Control, Sanctions and Enforcement) Act 1990, PNDCL 236.
PARTICULARS OF OFFENCE CHRISTIAN ASEM DARKEH, businessman, you together with one Killer and others who are presently at large agreed to act together to import about seven parcels of cocaine a Narcotic Drug, each weighing about 30kg into Ghana without a licence issued by the Ministry for Health.
COUNT TWO
STATEMENT OF OFFENCE
Importation of Narcotic Drug without lawful authority contrary to section 1(1) of the Narcotic Drugs (Control, Sanctions and Enforcement) Act 1990, PNDCL 236.
PARTICULARS OF OFFENCE CHRISTIAN ASEM DARKEH, businessman, around April 2006 at the Paradise Beach in Kpone in the Greater Accra Region imported seventy-seven (77) parcels of cocaine a Narcotic Drug, each weighing about 30kg without a licence issued by the Minister for Health.
COUNT THREE
STATEMENT OF OFFENCE
Possession of Narcotic Drugs without lawful authority contrary to sections 2(1) and (2) of the Narcotic Drugs Act, 1990, PNDCL 236.
PARTICULARS OF OFFENCE CHRISTIAN ASEM DARKEH, businessman, in April 2006 at the Paradise Beach in Kpone in the Greater Accra Region had seventy-seven (77) parcels of cocaine a Narcotic Drug, each weighing about 30kg under your control without lawful authority.
COUNT FOUR
STATEMENT OF OFFENCE Undertaking prohibited business contrary to section 3(2) of the Narcotic Drugs Act, 1990, PNDCL 236.
PARTICULARS OF OFFENCE CHRISTIAN ASEM DARKEH, businessman, around February and April of 2006 undertook an activity for the purpose of promoting an enterprise relating to Narcotic Drugs.
COUNT FIVE
STATEMENT OF OFFENCE
Corruption of Public Officer Contrary to section 239(2) of the Criminal and Other Offences Act 1960, Act 29.
PARTICULARS OF OFFENCE CHRISTIAN ASEM DARKEH, businessman, in April 2006 at Kpone in the Greater Accra Region influenced the conduct of four policemen by the promise of valuable consideration to the police officers to prevent them from arresting you.
The brief facts of the case as narrated by the prosecution were that, the accused person chartered the vessel, MV Benjamin, with the pretext of going to tow a distressed vessel on the high seas.