FRIMPONG BADU v. REPUBLIC

J U D G M E N T

APALOO JA;

This is an appeal from the High Court, Accra where the appellant was on 25th September 2008 convicted on two counts of offences related to narcotics. The counts were (1) Attempted exportation of Narcotic Drug without Licence issued by the Ministry of Health and (2) Possession of Narcotic Drug without lawful Authority. Both counts were contrary to Sections 1(1) and 2(1) respectively of the Narcotic Drugs (Control, Enforcement and Sanctions) Law 1990 (PNDCL 236). The Court below convicted the appellant and sentenced him to a term of 12 years IHL on each count to run concurrently.

In his notice of appeal the appellant raised two main grounds of appeal viz that;

“1. The Court erred in not considering the defence of the

appellant and

2. The Court erred by doing selective consideration of some facts

ignoring others.”

Under sub items 2(a – d) appellant gave five factual situations he claimed the Court failed to consider. These factual situations were matters that emanated from the evidence led in the trial.

Briefly, the Appellant arrived at the Kotoka International Airport on 10th July, 2006 at about 7:30 pm to board a KLM flight to Amsterdam. During the pre-departure formalities at the Airport, the appellant was picked at random by an official of the Narcotics Control Board (NACOB) on suspicion of possessing narcotic drug and was taken to 37 Military Hospital for an X-ray examination. The examination however proved negative. Appellant thereafter was taken back to the airport and in the offices of NACOB, a search was conducted on the appellant which included his hand luggage. When a green hand bag which the appellant was holding was searched, four (4) parcels of some whitish substance were found in two false compartments in the bag. There were two parcels of the substance in each compartment. A field test of the substance proved positive for cocaine. For confirmation the suspected cocaine was sent to the Ghana Standards Board for testing. The test proved positive for cocaine with a net weight of 1656.8215 grams. It is important to note that before the green hand bag was eventually sealed the appellant requested that items in the nature of boxer pants, singlets and socks in the bag be released to him for personal use. On these facts the appellant was tried by the High Court which convicted him.

Counsel for the appellant argued in his submissions filed in this Court that, the lower Court erred seriously in not giving adequate c