J U D G M E N T:
The Appellant herein was on the 30th day of December, 2010 arraigned before the Circuit Court, Accra. He was charged with a count of Possessing Narcotic Drug without Lawful Authority Contrary to Section 2(1) of PNDCL. 236/90. When the charge was read and explained to him in the Hausa Language, he pleaded Guilty simplicter. The court accordingly convicted him on his own plead after listening to the facts that grounded the charge. He was subsequently sentenced to the minimum sentence prescribed by the Law for the offence which is ten (10) years imprisonment in hard labour.
The facts of the case as given to the trial court by the Prosecution may thus be summed up. The narcotic unit of the C.I.D. headquarters embarked upon an operation on 23rd December, 2010 around Tudu area of Accra to clamp down on the activities of drug peddlers and users. The Appellant was arrested in the process even though he put up a fierce resistance. His pocket was searched and twenty-seven (27) wrappers of whitish substance suspected to be cocaine was found. Also found on the Appellant was a partly smoked dried leaves suspected to be Indian Hemp.
This appeal is being contested on two (2) main grounds namely:
“(1) That the Appellant did not appreciate or understand the charge or procedure thus pleaded guilty by mistake leading to his conviction.
(2) The petitioner/appellant is remorseful pleading for leniency and prays for a mitigation of sentence
Arguing the first ground of appeal, lawyer for the Appellant contended that the Appellant who was unrepresented at the trial thought he was being charged in relation to the partly smoked Indian Hemp. He made reference to the cases of Darkurugu vrs The Republic [1989-90] G.L.R. 308 and Alpha Zambrama vrs The Republic [1976] 1 G.L.R. ] 291 to buttress his argument.
The learned State Attorney disputed the fact that the Appellant did not appreciate the charge and therefore pleaded by mistake. She contended that from the proceedings the Appellant knew what he was about.
I have myself read the proceedings of this case and I do not have any doubt in my mind that the Appellant clearly understood the charge and the procedure before pleading guilty. Indeed after his conviction the trial judge offered him the opportunity to plead in mitigation of his sentence. At this stage, the Appellant stated as follows:-
“I don’t challenge that the narcotics was found on me. I only pray for mercy. And I also want to bring to the atten
