THE REPUBLIC v. NANA YAW AMOFA KESSE
May 18, 2023
CIRCUIT COURT
GHANA
CORAM
- HIS HONOUR YAW POKU ACHAMPONG
Areas of Law
- Criminal Law and Procedure
- Evidence Law
May 18, 2023
CIRCUIT COURT
GHANA
CORAM
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JUDGMENT
Accused person was arraigned before this court charged with the offence of “POSSESSION
OF NARCOTIC DRUG WITHOUT LAWFUL AUTHORITY” in accordance with section 37(1)
of Narcotics Control Commission Act, 2020(Act 1019).
Section 37(1) of Act 1019 deals with unlawful possession or control of narcotic drugs. It states:2
(1) A person who, without lawful authority, proof of which lies on that person, has possession or
control of a narcotic drug for use or for trafficking commits an offence.
(2) A person who commits an offence in subsection (1)
(a) for use is liable on summary conviction to a fine imposed in accordance with the penalty
specified in the Second Schedule and an additional term of imprisonment specified in that
Schedule if the fine is not paid;
(b) for trafficking is liable on summary conviction to the fine and imprisonment specified in the
Second Schedule and an additional term of imprisonment specified in that Schedule if the fine is
not paid.
According the second schedule of Act 1019, a person convicted in line section 37(2)(a) of Act
1019 is liable to pay a fine on not less than two hundred penalty units and not more than five
hundred penalty units and that if that person is not able to pay the fine then that person will
serve a prison term of not more than fifteen months.
According to the second schedule, a person convicted in line with section 37(2(b) of Act 1019,
is liable to pay a fine of not less than ten thousand penalty units and not more than twentyfive thousand penalty units in addition to a prison term of not less than ten years and not
more than twenty-five years imprisonment and if that person is not able to pay the fine then
that person will serve additional three years imprisonment.
The police prosecution gave the particulars of the offence as:
“NANA YAW AMOFAH KESSE, 22YEARS, TRADER: For that you on 09/01/2022 at
about 4:00pm at Dunkwa Mfuom in the Central Circuit and within the jurisdiction of
this court did have in your possession 27 wraps of Indian hemp(cannabis) without
lawful authority.”3
The following are the facts that the prosecution said they gathered to inform their decision to
charge the accused herein for the said offence:
“The complainant is the Dunkwa-On-Offin Police Command. The accused...is a trader
and lives at Mfuom, a suburb of Dunkwa-On-Offin. On 09/01/2022 at about 4:00pm,
No. 40391 G/SGT George Kwasi Baah in charge the Dunkwa-On-Offin Divisional
Police Patrol team were on
AI Generated Summary
This Circuit Court judgment by His Honour Yaw Poku Achampong convicted Nana Yaw Amofah Kesse of possession of a narcotic drug without lawful authority under section 37(2)(a) of the Narcotics Control Commission Act, 2020 (Act 1019). Kesse, a trader at Mfuom in Dunkwa-On-Offin, was arrested after police patrol acting on intelligence alleged he was selling cannabis. A search of a small bag yielded 27 wraps of plant material and GH a21,150, and a Forensic Science Laboratory report signed by Superintendent M. Agyepong confirmed the exhibit was cannabis. In his cautioned statement, Kesse admitted possession for personal use and acknowledged lacking any permit. At trial, the investigator testified but no arresting officers were called. Applying Ghanas Evidence Act (NRCD 323), hearsay rules, and credibility factors, the court rejected uncorroborated assertions of sale or trafficking, found possession for use proven beyond a reasonable doubt, imposed a fine of 200 penalty units with six months default imprisonment, and ordered the cash returned under section 145 of Act 30.