MOHAMMED IBRAHIM KAMIL v. THE REPUBLIC

J U D G M E N T

ANSAH, JSC:

The appellant and five others were charged jointly with a count each of the following offences before the High Court, Accra:

Count One

Statement of offence.

“Engaging in criminal conspiracy to commit crime relating to Narcotic Drug contrary to section 56 (c) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, PNDCL 236, 1990”.

The particulars of offence were that: all the accused persons engaged themselves in Spain, the United Kingdom and Tema, Ghana, on a date between September 2003 and 7th January 2004 in criminal conspiracy to commit an offence relating to narcotic drug.

Count Two

Statement of Offence.

Importation of narcotic drug without licence contrary to Section 1 of the Narcotic Drugs Control Enforcement and Sanctions Law,1990, PNDC Law 236.

The particulars of the offence were that the accused imported 588.33 kilograms of cocaine a narcotic drug without a licence issued by the Minister of health.

Count Three

Statement of Offence

Possession of Narcotic Drug without lawful authority contrary to section 2 of the Narcotic Drugs ( Control Enforcement and Sanctions Law, 1990 PNDCL 236.

The particulars of the offence were that between 30 December 2003 and January 2004 the accused persons possessed cocaine weighing 588.33 kilograms at Tema.

Count Four

Statement of Offence

Use of property for Narcotic Offence contrary to section 10(1) (a) of the Narcotic Drugs (Control, Enforcement and Sanctions Law) 1990, PNDCL236.

The particulars of the offence were that the accused person, Kevin Dinsdale Gorman, used his property House No. 33/137, Community 10, Tema, with the intention of carrying on a narcotic offence.

It is not necessary to consider count four in this appeal for the appellant was not charged with it, or convicted and sentenced for that offence either.

Each accused pleaded not guilty to the offence but was found guilty at the trial, convicted and sentenced to a jail term of twenty (20) years imprisonment, and also confiscated all monies found on the accused persons as well as the house in which they were arrested. The Court of Appeal subsequently acquitted and discharged the convicted 1st, 2nd and 3rd accused persons on counts one and two by a 2-1 majority, but dismissed the appeal on count three and sentenced the appellant to 15 fifteen years IHL; whereupon the 2nd accused appealed further to this court on the following grounds quoted in extenso, hereunder:

“a. That the Court of Appeal erred