Section 1 (1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Act, 1990 [P.N.D.C.L. 236] provides:
“A person who imports or exports a narcotic drug without a licence issued by the Minister responsible for Health for that purpose commits an offence and on conviction is liable to a term of imprisonment of not less than ten years”.
Article 14 (6) of the 1992 Constitution of the 4thRepublic of Ghana also provides:
“Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he has spent in lawful custody in respect of that offence before the completion of his trial shall be taken into account in imposing the term of imprisonment”.
On the 26th day of November 2008, the appellant herein, Henry Kwaku Owusu, was tried and convicted by the Greater Accra Regional Tribunal on two counts of exportation of narcotic drugs without lawful authority contrary to section 1 (1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, P.N.D.C. Law…