Kwadwo Nyarko & ORS v. The Republic
May 5, 2022
COURT OF APPEAL
GHANA
CORAM
- M. Welbourne (Mrs), J.A. (Presiding)
- Bright Mensah, J.A.
- Kyei Baffour, J.A.
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
May 5, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Welbourne J.A., considered an appeal from the High Court’s 13 January 2021 judgment arising out of a narcotics prosecution involving Kwadwo Nyarko, Samuel Kumani, and their employer, Inusah Dauda. National Security SWAT intercepted two ‘Ghana must go’ bags containing thirty-five cannabis slabs; further searches at Dauda’s residence uncovered extensive narcotics and paraphernalia. Nyarko and Kumani pleaded guilty and initially received 10-year terms, which were halved under Section 47 of Act 1019; Dauda’s money-laundering charge was struck, but he received 10 years on counts 1 and 2 and 15 years on count 3 with fines. On appeal, counsel argued the sentences were harsh and the trial court failed to consider five months’ remand under Article 14(6). Applying rehearing and sentencing principles, the Court reduced fines and custodial terms, affirming partial success.
WELBOURNE, J.A
This is an appeal against the judgment of the High Court (Criminal Division) dated 13th January, 2021. The Appellants appeal on the ground that the sentence is harsh and excessive.
The facts
On the 14th of August 2020, officers of the National Security Secretariat-SWAT stationed at Castle Blue Gate intercepted 2 bags of “Ghana must go” bags in the possession of Kwadwo Nyarko and Samuel Kumani, the 1st and 2nd Appellants, all residents of New Afienya on suspicion that it contained narcotic drugs.
The two bags were opened in the presence of the two suspects after they had been sent to the National security Secretariat Office and were found to contain a total of thirty-five dried compressed leaves suspected to be Cannabis sativa. Upon interrogation at the Narcotics Control Commission, both Appellants denied ownership but admitted that the bags indeed contained Cannabis Stiva and that they belonged to Inusah Dauda, the 3rd Appellant whom they work for as errand boys.
They further stated that the 3rd Appellant gave them an amount of GHȼ590.00 to pay for the collection of the Narcotic Drugs from an unknown man at James Town. They also claimed that they carried out a similar errand for the 3rd Appellant paid in the early part of the year 2020 and that the 3rd Appellant paid them an amount of Twenty Ghana cedis (GHȼ20.00) each in return for their service.
The 1st Appellant led a team of NACOC official to the residence of the 3rd Appellant where with the assistance of another employee of the 3rd accused called Victor Kotoku, the door was opened and thoroughly searched in his presence. Five hundred and fifty-eight ( 558) wrapped of dried leaves, nine (9) compressed slabs of dried leaves, nine (9) rock hard brownish substances and fifty-one (51) wrapped of cannabis sativa, six (6) boxes of London rolling papers, Fifteen (15) unused rubbers, quantity of herbal medicines, a bunch of keys and an amount of GHȼ1,030.00 were found in the room of the 3rd Appellant.
As the officers were leaving, 1st Appellant spotted the 3rd Appellant from a distance and immediately alerted the arresting officers who arrested 3rd Appellant. At the time of his arrest, he had in his possession an amount of GHȼ2,000.00 believed to be the proceeds of the crime but which the 3rd Appellant expalined was actually a loan he had taken to be used to bribe the arresting officers. The 3rd Appellant also admitted knowledge and ownership of the 35 slabs of cannabis found in the posse