Joel Mejia Duarte Moises v. The Republic

DZAMEFE, JA

The appellant herein and two others, all Venezuelans, were charged under three counts of Conspiracy to import narcotic drugs; Importation of narcotic drugs and Conspiracy to possess narcotic drugs; contrary to sections 23(1), 1(1) and 2(1) of the Criminal Offences Act, 1960 [Act 29] and Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 [PNDCL 236] respectively.

The appellant, however, was alone charged with a further count of Possession of narcotic drug contrary to section 2(1) of PNDCL 236/90. The four counts and their particulars as indicated on the charge sheet read; Count 1 Conspiracy to import Narcotic Drugs without licence issued by the Minister of Health contrary to Section 23(1) of Act 29/60 and Section 1(1) of PNDCL 236. Particulars of offence; -

1. Joel Mejia Duarte Moises @ Joel Melia, Machine Operator.

2. Italo Gervasio Rosero Castillo @ Italo Cabeza Castillo, Businessman.

3. Vasquez Gerado Duarte David @ Bude @Budi @ Bude @ Charmo, businessman: for that on or about November 2005 in Accra, in the Greater Accra Region did act together with a common purpose to import into Ghana 588 kilos of Cocaine a narcotic drug without licence issued by the Minister of Health.

Count 2 Importation of Narcotic drug without lawful authority: contrary to Section 1(1) of PNDCL 236/1990. Particulars of offence; - 1. Joel Mejia Duarte Moises @ Joel Melia, Machine Operator.

2. Italo Gervasio Rosero Castillo @ Italo Cabeza Castillo, Businessman.

3. Vasquez Gerado Duarte David @ Bude @Budi @ Bud @ Charmo, businessman: for that on or about September 2005 in Accra, in the Greater Accra Region did import into Ghana 588 kilos of Cocaine a narcotic drug without licence issued by the Minister of Health.

Count 3 Conspiracy to commit crime namely possessing narcotic drug contrary to Section 23(1) of the Criminal Code Act 299 1960 and Section 2 of the Narcotic Drugs (Control, Enforcement and Sanctions) Law PNDC 236/1990. Particulars of offence; - Joel Mejia Duarte Moises @ Joel Melia, Machine Operator.

2. Italo Gervasio Rosero Castillo @ Italo Cabeza Castillo, Businessman.

3. Vasquez Gerado Duarte David @ Bude @Budi @ Bud @ Charmo, businessman: In or about November 2005 in Accra, in the Greater Accra Region acted together with a common purpose to possess a narcotic drug without namely cocaine.

Count 4 Possession of Narcotic drug without lawful authority contrary to Section 2 of the Narcotic Drugs Narcotic Drugs (Control, Enforcement