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DON OBIOHA V. THE REPUBLIC

(2018) JELR 64320 (CA)

Court of Appeal  •  CRIMINAL APPEAL NO.H2/3/2018  •  25 Jul 2018  •  Ghana

Coram
IRENE C. LARBI (MRS) J.A. (PRESIDING), LAWRENCE L. MENSAH J.A., A. M. DOMAKYAAREH (MRS.) J.A.

Appearances
LONGINUS CHINEDU FOR THE APPELLANT,NANA AISHA SALIFU ASSISTANT STATE ATTORNEY FOR THE RESPONDENT

Judgement

JUDGMENT

A. M. DOMAKYAAREH (MRS), J.A

1. This is an appeal from the judgment of the High Court, Cape Coast, dated 11th January 2017 wherein the conviction of the appellant by the Circuit Court, Cape Coast on one count of possessing Narcotic drugs contrary to Sections 41(1) and 57(1) of Act 64/61 as amended by Section 2(1) of PNDCL 236/90 was upheld and affirmed by the said High Court.

2. The facts of the case are that on 10th June 2013 at 2.14pm, a group of unidentified young men on board a Nissan Pickup vehicle with Registration Number GV 586–A arrested and brought the appellant to the Komenda Police Station bleeding profusely from multiple injuries on his body and a deep cut on the head and reported that they spotted him at Aburansah near Komenda and suspected him to be a criminal. According to the captors who failed to give their identity to the Police, when they conducted a search on the appellant, they found a parcel of dried leaves suspected to be Indian Hemp in his bag. The Police…

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