KOBINA BADU AIKINS v. REPUBLIC

Justice E. K. Ayebi JA, delivering judgment for the Court of Appeal, allowed the appeal of a Regent University student convicted by the Accra High Court of attempted exportation and possession of narcotic drugs. The case arose when staff of World Express International at Kotoka International Airport discovered concealed parcels under shea-butter in an ice-chest within a sealed box the appellant sought to post to London. The appellant consistently maintained he believed the box contained only shea-butter, having been asked by his friend, Kitz James, to mail it. The trial judge overruled a no-case submission and inferred knowledge from the appellant’s conduct, imposing concurrent ten-year sentences. On appeal, the Court held that knowledge is an essential element of possession and exportation under PNDC Law 236 and that mere physical custody is insufficient. Finding no direct evidence of knowledge and inadequate circumstantial proof to produce a sole irresistible inference of guilt, and treating the erroneous overruling of the no-case submission as akin to erroneous admission under s.5(1) of the Evidence Act, the Court set aside the conviction and sentence, acquitting and discharging the appellant, with Kusi-Appiah JA and Acquaye JA concurring.