The Republic v. Theophilus Eugene Afari Bossman

Justice Dzamefe JA, writing for a panel comprising Appau JA (Presiding) and Acquaye JA, dismissed the appeal by Theophilus Eugene Afari Bossman, a businessman arrested at Kotoka International Airport on 27 March 2008 with 2,174 grammes of cocaine concealed in a false compartment of his second travel bag (exhibit C). Bossman had been convicted by the High Court on counts of attempted exportation without a Minister of Health licence under PNDCL 236 and possession of narcotic drugs, and sentenced to 15 years’ imprisonment on each count, to run concurrently. On appeal he argued the trial judge failed to consider his defence and misdirected himself on the legal meaning of possession, contending he did not know the bag carried by him contained cocaine and that it belonged to “Kakra.” The Republic responded that under NRCD 323 the accused had to raise a reasonable doubt once a prima facie case was established. The Court of Appeal held the trial judge properly evaluated the defence and, from the surrounding circumstances—including the heavy bag, lack of key, and prior NACOB surveillance—knowledge was proved. The conviction and sentence were affirmed.