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March 24, 2011
HIGH COURT
GHANA
CORAM
The accused was charged with possession of narcotic drugs together with one Maxwell Antwi, (1st accused) now deceased contrary to section 2 of the Narcotic Drugs (Enforcement and Sanctions) Law, 1990, PNDCL 236, was charged with Supply of narcotic drug contrary to section 6(1) of PNDCL 236 and also charged with engaging in a prohibited business relating to narcotic drugs contrary to section 3(1) of PNDCL 236. The accused pleaded not guilty to the said charges while the deceased Maxwell Antwi later pleaded guilty to count one and was sentenced to 10 years IHL on the 7th day of February 2008. The facts of the case were that Maxwell Antwi now deceased was a car dealer at Nyamekye, a suburb of Accra while the accused is a police man attached to the Accra Regional Headquarters.
Until he pleaded guilty and was convicted and sentenced, Maxwell Antwi was arrested by a policeman from the CID Headquarters on suspicion of having in his possession a narcotic drug.
A search conducted on him revealed some whitish substance suspected to be cocaine.
Upon interrogation, he stated that the substance was part of some 900 grams of similar substances that the accused Ekow Russell gave to him to sell on his behalf.
He further stated that he had already sold some quantities of the drugs, handed over the money to the accused and it was while trying to offer the rest for sale that he was arrested.
When the accused was arrested, he confessed that he gave the substance to Maxwell Antwi to sell for him after he had obtained same from some Nigerian drug dealers he arrested.
That substance which was found on Maxwell Antwi proved positive for cocaine after laboratory analysis.
On the 16th day of January 2007, investigations further revealed that the accused upon information from some Nigerians that one Sebastian Ubbah was dealing in drugs, accompanied by the informant, some Nigerians and some of his colleagues from the Monitors Unit of the Regional Police Headquarters went to arrest the said Sebastian in his house.
Investigations further revealed that the accused arrested Sebastian with about 8 slabs of a substance suspected to be cocaine together with Matthew a brother to Sebastian.
The accused however, handed over the suspects to his colleagues but kept the 8 slabs of cocaine in the vehicle he used with the Nigerians to effect the arrest of the suspects.
While his colleagues sent the suspects to the Police Station, the accused and the other Nigerians drove in a different veh
AI Generated Summary
This criminal trial before Justice C. J. Honyenuga, JA (sitting as an additional High Court) concerned narcotics charges against Lance Corporal Ekow Russell, a police officer at the Accra Regional Headquarters. The co-accused, Maxwell Antwi, a Nyamekye car dealer, had earlier pleaded guilty to possession and received ten years’ imprisonment, then died. Antwi was arrested with cocaine that tested positive and said it was part of 900 grams supplied by Russell; Russell’s caution statement (Exhibit F) admitted he provided cocaine to Antwi, obtained from Nigerians he had arrested, and that he received US$9,700 from sales. Investigations described a January 2007 operation in which Russell seized eight slabs from Sebastian Ubbah, distributed five to Nigerians, and reported only one slab to superiors; Sebastian later escaped. Applying the Evidence Act’s burdens and authorities on possession, knowledge, confessions, and constructive possession, the court found possession and supply proved beyond reasonable doubt, rejected Antwi’s unsworn statements, admitted Russell’s confession after voir dire, and held the distribution count unproved due to failure to tender the drug and to call material witnesses.