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OSAFO V. THE REPUBLIC

(1994) JELR 69469 (CA)

Court of Appeal  •  22 Dec 1994  •  Ghana

Coram
ESSIEM JA, FORSTER JA, ACQUAH JA

Judgement

ACQUAH JA.: This is an appeal against the judgment of the National Public Tribunal dated 3 April 1991 wherein the appellant was convicted for possessing narcotic drugs contrary to section 2(1) and (2) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 (PNDCL 236), and sentenced to twelve years’ imprisonment with hard labour and a fine of ¢5 million or in default ten years imprisonment with hard labour.

The facts are that a team of five police and five civil defence organisation personnel acting on a tip-off rushed to the Ginseng Restaurant and Night Club, Asylum Down at about 4.00 am. The club was closed and so they ordered the watchman to take them to the residence of the proprietors. The watchman therefore took them to house No 38/4, Coconut Avenue, Asylum Down. The watchman knocked at the main gate and one Samuel Ameyaw came out. Later the appellant too emerged from his room. The team introduced themselves to them and made known their mission. They allowed Ameyaw a…

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