SOKOTO AND ANOTHER v. THE REPUBLIC

The Court of Appeal of Ghana, per Kingsley-Nyinah J.A., dismissed appeals by two Takoradi residents convicted under section 18(2) of the Currency Act, 1964 (Act 242) for possessing forged Bank of Ghana notes. Circuit Judge Isaac Amoah had sentenced each appellant to seven years’ imprisonment with hard labour after a police search uncovered counterfeit currency: the first appellant’s room contained genuine notes in a purse and four counterfeit ten-cedi notes hidden under a floor carpet; the second appellant’s room held his hospital card, two counterfeit five-cedi notes, and parcels of 545 and 100 counterfeit ten-cedi notes under and on the bed. Certificates signed by the Governor of the Bank of Ghana confirmed the notes were imitations. The appellate court held the prosecution proved knowledge or facts supporting inference of knowledge, and that the appellants failed to prove any lawful authority or excuse. The statutory definition of possession in section 33 defeated the second appellant’s shared-room argument, and ignorance was not a sufficient defence.