J U D G M E N T
A.M. A. DORDZIE, J. A. :
FACTS:
The facts of this case as narrated by the prosecution at the trial are that the appellant herein a Nigerian by nationality but domiciled in Italy, was at the Kotoka International Airport on the 30th of November 2007 to board a flight to Italy. He was arrested upon suspicion of carrying narcotic drugs in his belly. He was sent to the 37 Military Hospital where X-ray examination revealed that he had foreign materials in his belly. He was kept under observation and within 24 hours he expelled 23 pellets of a substance suspected to be cocaine. The pellets were sent to the Ghana Standard Authority for examination. It was confirmed that the substance the accused expelled was cocaine weighing 376.02 grammes.
The appellant was subsequently charged on two counts of (1) Attempted exportation of narcotic drugs contrary to Sections (1) & 56 (a) of Narcotics Drugs (Control, Enforcement And Sanctions) Law, 1990 (PNDCL 236)
And (2) Possession of Narcotic drug without authority contrary to Section 2 (1) of Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 (PNDCL236)
He was arraigned before the High Court Accra for trial. He pleaded not guilty to the offences; in the course of the trial he changed his plea to guilty on both counts.
The trial court convicted him on his own plea on both counts and sentenced him to 12years imprisonment with hard labour.
The appellant in this appeal is praying for mitigation of the sentence imposed on him by the trial court.
In arguing the appeal it is the submission of counsel for the appellant that the sentence of 12 years imprisonment imposed by the trial judge is harsh. The trial judge failed to take into consideration mitigating factors such as: the appellant is a first offender and that he changed his plea to guilty a proof that he had shown remorse.
It is further submitted on behalf of the appellant that he had already served half of the sentence and therefore this court should take that into consideration and set him free.
Sections 1 and 56 (a) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 (PNDCL236) under which the appellant was charged read as follows:
(1) “Any person who imports or exports any narcotic drug without a licence issued by the Secretary for Health for that purpose commits an offence and shall on conviction be liable to imprisonment for a term of not less than ten years.
Section 56
Any person who—
(a) attempts to commit any o
