OSAFO v. THE REPUBLIC

JUDGMENT OF ACQUAH JA.

This is an appeal against the judgment of the National [p.405] Public Tribunal dated 3 April 1991 wherein the appellant was convicted for possessing narcotic drugs contrary to section 2(1) and (2) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 (PNDCL 236), and sentenced to twelve years' imprisonment with hard labour and a fine of ¢5 million or in default ten years imprisonment with hard labour.

The facts are that a team of five police and five civil defence organisation personnel acting on a tip-off rushed to the Ginseng Restaurant and Night Club, Asylum Down at about 4.00 am. The club was closed and so they ordered the watchman to take them to the residence of the proprietors. The watchman therefore took them to house No 38/4, Coconut Avenue, Asylum Down. The watchman knocked at the main gate and one Samuel Ameyaw came out. Later the appellant too emerged from his room. The team introduced themselves to them and made known their mission. They allowed Ameyaw and the appellant to search them. Thereafter they began their search from room to room for narcotic drugs. In Ameyaw's room the team found $14,000 which Ameyaw claimed ownership of and produced the relevant covering documents. In the course of searching the appellant's room, a polythene bag containing oval shaped balls was discovered. According to the first prosecution witness, when he questioned the appellant about it he claimed it belonged to a friend called Stephen Yaw Amoako. It was later opened in the presence of the appellant and found to contain 134 oval shaped balls. The appellant and Ameyaw were taken to the police station. All attempts to apprehend this Stephen Yaw Amoako proved futile. Consequently, the appellant and Stephen Yaw Amoako were charged before the National Public Tribunal for:

"Statement of Offence:

Possession of Narcotic Drugs, contrary to section 2(1) and (2) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 (PNDCL 236).

Particulars of Offence:

Charles Kofi Osafo, businessman of Accra and Stephen Yaw Amoako of no known address on or about 25 May 1990 in Asylum Down in Accra in the Greater Accra Region and within the jurisdiction of this tribunal had in your possession, without lawful authority 134 oval shaped balls containing 919.94 grammes of heroin."

At the trial the prosecution called three witnesses, two of whom—first [p.406] and second prosecution witnesses—took part in the operation at the premises