REPUBLIC VRS SALIFU & 2 OTHERS (NR/NG/DC/78/22) [2023] GHADC 966 (16 November 2023)

REPUBLIC VRS SALIFU & 2 OTHERS (NR/NG/DC/78/22) [2023] GHADC 966 (16 November 2023)

The prosecution failed to prove beyond reasonable doubt that the accused persons were in possession or control of cannabis for use without lawful authority, as the evidence did not conclusively link the accused to the cannabis found at the scene.

Citation
[2023] GHADC 966
Parties
Prosecution: The Republic; Accused: Braimah Salifu; Accused: Abdul Samed Mohammed; Accused: Munkaila Mumuni
Court
District Court
Jurisdiction
Ghana
Judgment Date
16 November 2023
Case Number
NR/NG/DC/78/22
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Unlawful Possession of Narcotic Drugs, Burden of Proof, Evidence, Acquittal
Source Language
English
Criminal Law Unlawful Possession of Narcotic Drugs Burden of Proof Evidence Acquittal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Republic

Prosecution

Braimah Salifu

Accused

Abdul Samed Mohammed

Accused

Munkaila Mumuni

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons were in unlawful possession of narcotic drugs for use without lawful authority
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused persons were in possession or control of cannabis for use without lawful authority, as the evidence did not conclusively link the accused to the cannabis found at the scene.

Court Disposition

acquittal and discharge

Orders

  • A1, A2 and A3 are acquitted and discharged of the offence of Unlawful Possession of Narcotic Drugs contrary to section 37(1) and (2)(a) of the Narcotic Control Commission Act, 2020 (Act 1019).