SALAOU SIAKA V. THE REPUBLIC

MARIAMA OWUSU, J.A.

On 9-12-2011, the High Court, found the appellant guilty on two counts of attempted exportation of narcotic drug and possession of narcotic drug without lawful authority contrary to section 56 1 [a] and 1 [1] and 2 [1] of the Narcotic Drugs [Control, Enforcement and Sanctions] Act 1990, [PNDC Law 236]. He was found guilty and convicted on both counts and sentenced to ten [10] years IHL on each count. The sentences were to run concurrently.

Dissatisfied with the decision of the High Court, the appellant appealed to the Court of appeal on the following grounds;

[a] There were no narcotic drugs.

[b] The trial judge erred when he convicted the appellant on the basis of suspicion.

[c] The appellant, if anything at all ought to be convicted of supply and not possession.

[d] That the sentence is excessive in the light of ground b.

In arguing the appeal, counsel for the appellant in his written submissions dealt with two grounds together. These are grounds C and D. They read as f…