In 2019, five businessmen were arrested at Kotoka International Airport for attempting to bring in 2,200 grams of cocaine. Recently, they were found guilty and collectively received a total sentence of 60 years in prison.
The individuals convicted include Frank Asante (First Accused), Kweku Antwi (2nd Accused, who managed to escape after jumping bail), Alhassan Iddrisu (3rd Accused), Clifford Boakye (4th Accused), and Isaac Kwakye (5th Accused).
Their convictions were based on three charges: conspiracy to commit a crime, specifically possession of narcotics; importation of narcotic drugs; and possession of narcotic drugs. The High Court in Accra, presided over by Justice Lydia Osei Marfo, delivered the verdict after a thorough trial.
Justice Osei Marfo then imposed a minimum sentence of 10 years each on all the convicts under the old Narcotics Control Law PNDC Law 236, which has since been updated by Act 1019.
“I have listened to Counsel on both sides and I have looked at the old (PNDC Law 236) and the new law Act 1019). And I am satisfied that, (under) the old law, the punishment of the offenses for which they have been charged is lesser in severity than the new law in the same offense,” Justice Marfo said.
She explained that, “anybody that is convicted for the offences of possession and importation of Narcotics drug is sentenced to a minimum of 10 years in prison.”
While, “the new law, however, in respect of the same offence comes with same minimum of 10 years (jail term) and some heavy fines and the two go together.”
Justice Marfo also mentioned that the Court is mindful of the constitutional provisions outlined in Article 19(6) of the Constitution. She stated, “I cannot impose punishment stipulated under the new law.”
Before pronouncing the sentence, the Court also considered the factors presented by the defense lawyers in mitigation and evaluated the behavior of the convicts.
“I have considered the conduct of the accused persons except (A2) during their bail and attendance in court during the trial although some were coming from Kumasi, always were present and where they could genuinely not be present in Court, they asked permission from the court,” the Court said.
Considering the information above, the court has sentenced all five individuals to a minimum of 10 years in prison for charges related to conspiracy to commit a crime, specifically possession of narcotics.
Among them, Asante (First Accused) and Kweku Antwi (2nd Accused, who is currently on the run after jumping bail) received separate 10-year sentences for the importation of narcotic drugs.
The court specified that the four individuals present in court—Frank Asante (First Accused), Alhassan Iddrisu (3rd Accused), Clifford Boakye (4th Accused), and Isaac Kwakye (5th Accused) – will serve their sentences concurrently. However, Kweku Antwi (2nd Accused), who escaped bail, will serve his punishment consecutively upon being apprehended.
As per EIB Network Legal Affairs Correspondent, Murtala Inusah, the four individuals will each serve a 10-year sentence, while Antwi will face a 20-year sentence for evading bail.
Brief facts
Information gathered by the Intelligence Unit of the Narcotic Control Board (NACOB) revealed that Frank Asante, the 1st Accused, along with his associates, had been importing and dealing in narcotics from Brazil and other countries.
The intelligence team conducted surveillance on Frank Asante and his accomplices, monitoring their travels and activities. In March 2019, they observed Frank Asante arriving from Brazil at Kotoka International Airport, where he was picked up by the 3rd accused, Alhassan Iddrisu.
In May 2019, the team noted Frank Asante’s arrival from Brazil, where he was met by Alhassan Iddrisu, Clifford Aboagye, and Isaac Kiakye at the airport. They drove to a location in Achimota Mile 7, where Frank Asante handed over a backpack from his travel bag to Alhassan Iddrisu.
On July 13, 2019, Frank Asante and the 2nd accused, Kweku Antwi, arrived on an Ethiopian Airline from Brazil to Ghana. The 2nd accused was hired by the 1st accused to transport narcotics, and both had bags with suspected narcotic drugs.
During arrival formalities, two black backpacks with suspected narcotics were found in the 2nd accused’s bags. The 3rd accused was seen pushing a trolley with the luggage of the 1st accused after disembarkation.
The 1st, 2nd, and 3rd accused, along with the 4th and 5th accused, were arrested at Kotoka International Airport before leaving and taken to NACOB headquarters for further investigations.
“The two black backpacks retrieved from the travelling bags of the 2nd accused was cut open in the presence of all the accused persons.
“Whitish substances wrapped in foil was discovered in a false compartment of each of the backpacks.
“The substances which were field tested proved positive for cocaine. A subsequent search at the residences of the 3rd accused person at Race Course and New Fadama, Accra, disclosed 4 similar backpacks, 2 of which had their bottoms ripped off, weighing scales suspected to be used to weigh the narcotic substances, a test tube, different passports and gallons containing liquid substances.
“A similar gallon also containing liquid substance was retrieved from the vehicle of the 3rd accused person at the time of arrest.
“The whitish substances and the gallons containing the liquid substances were forwarded to the Ghana Standards Authority (GSA) for analytical examination.
“The report from the GSA indicated that the substances from the 2 backpacks retrieved from the travelling bags of the 2nd accused tested positive for cocaine with an 82.5 percentage purity and a net weight of 2,200.0 grams.
“Two of the gallons containing the liguid substances were identified as alcohol and a 3rd gallon tested positive for an organophosphorus pesticide,” it stated.
source:tigpost.co