GEORGE BONSU @ BENJILLO v. REPUBLIC
1999
SUPREME COURT
GHANA
CORAM
- Mrs. Bamford-Addo, J.S.C.(Presiding)
- Ampiah, J.S.C.
- Kpegah, J.S.C.
- Atuguba, J.S.C.
- Sarpong, J.S.C
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
1999
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case involves an appeal by Sylvester Chuka Osunoh against his conviction for the possession of narcotic drugs. The Supreme Court examined whether his handling of the parcel constituted possession, if his conduct indicated knowledge of the illegal contents, and if the wrongful admission of evidence and trial in absentia of co-accused vitiated the trial. The Court upheld the appellate court's decision affirming that the appellant had possession with knowledge, and the admission of prejudicial evidence did not result in a miscarriage of justice. The Court of Appeal's verdict was affirmed and the appeal dismissed.
MRS. JOYCE BAMFORD-ADDO, J.S.C.:
This appeal arose out of the case of Sylvester Chuka Osunoh and four others including appellant who was 2nd Accused in the case. The charge sheet contains three Counts but the Count in respect of which appeal has been brought relates to Count 3 and reads as follows:
"Count Three
Statement of Offence
Possessing Narcotic Drug contrary to Section 2(1) of the Narcotic Drugs (Control Enforcement and Sanction) Law 1990 (PNDCL 236)
Particulars of Offence
Sylvester Chuka Osunoh, George Bonsu @ Benjillo,
Henry Akoto, Gordon Amartey and Alexander Osunoh on the 27th March 1996 at Accra in the Greater Accra Circuit of the Republic of Ghana and within the jurisdiction of this Tribunal did have in your possession 417.0670 grammes of heroin a narcotic drug, without lawful authority.”
The facts are that on the 27th of March 1996 Gordon Amartey 4th Accused in the case and an administrative officer of the General Post Office, Accra collected an EMS parcel addressed to one Iddrisu Mohammed from the post office. Upon collection of the parcel he took it to an office and put it in a disused fridge and he was later arrested by the Narcotics Central Board and the Customs Excise and Preventive Services (CEPS) officials who had mounted surveillance on him. When he was arrested he retrieved the parcel and led the officers to the Office of the third Accused Akoto to whom he handed over the parcel. Akoto upon receipt of same also handed it to a stationary dealer and the boy at once put it in a box near him and closed it. Akoto was also arrested and when questioned as to who owned the parcel he led them to 2nd Accused's shop and handed the parcel to 2nd Accused who took possession of it. Upon interrogation 2nd Accused in turn claimed that it belonged to one Mohammed who asked him to receive it from 3rd Accused and to keep it until it was collected from him by 1st Accused, a Nigerian. He took the officers to a Hotel in Accra where he claimed 1st Accused was lodging but latter was not met. They then all returned to 2nd Accused Store where 1st and 5th Accused persons both Nigerians were met waiting, and 2nd Accused handed over the parcel to 1st Accused. All the five accused persons were arrested and taken to the Narcotic Boards office where the parcel was opened and was found to contain two books whose hard covers were packed with some substance later found to be heroin. Whereupon the five persons were charged with the three counts of the following