The Republic v. Theophilus Eugene Afari Bossman

DZAMEFE, JA

The appellant was charged with the following offences; -Count 1 Attempted Exportation of Narcotic Drug without Licence issued by the Minister of Health contrary to Section 1(1) and 56 (a) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990, PNDCL 236.

Particulars of offence; - Theophilus Eugene Afari Bossman; businessman, on or about the 27th day of March, 2008, at the Kotoka International Airport, in the Greater Accra Region and within the jurisdiction of this court did attempt to export out of Ghana 2174 grammes of cocaine without a licence issued by the Minister of Health.

Count 2 Possession of Narcotic Drugs without Lawful Authority contrary to section 2 of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990, PNDCL 236.

Particular of offence; - Theophilus Eugene Afari Bossman; -businessman, on or about the 27th day of March, 2008, at the Kotoka International Airport, in the Greater Accra Region and within the jurisdiction of this court did have in your possession 2174 grammes of cocaine, a narcotic drug without lawful authority.

Facts At the end of the trial, the trial judge made the following findings of facts.

1. That prosecution established beyond reasonable doubt that the accused person was arrested at the airport in possession of the narcotic drug and was in illegal possession of 2174 grammes of cocaine, a prohibited drug.

2. From the testimonies of PW1, PW2, PW3 and PW5 there was no doubt that the accused person was found in possession of the narcotic drug when he was arrested at the airport in the night of 27th March 2008.

3. Prosecution has established that when the accused was arrested the prohibited drug, exhibit D was physically in the custody and under the control of the accused person.

He also had in his possession, custody and under his control a travelling bag exhibit C, containing 2174 grammes of cocaine which was concealed in a false compartment of his bag.

4. The trial judge found as a fact that it is justifiable for the prosecution to reasonably infer that the accused person had knowledge that his second travelling bag, exhibit C had cocaine concealed in it.

5. That accused failed to lead any evidence that he had obtained a licence from the Ministry of Health to import or export the cocaine as the law requires.

The accused therefore showed no justification in law from possessing the cocaine in his travelling bag, exhibit C. 6. That the accused person knew the nature and qual