Emmanuel Botchwey popularly known as Kwaw Kesse or Abodam was arrested around 1:30am on Saturday at a wine shop close to plus Two Pubs at Nhyiaseo, a suburb of Kumasi for publicly smoking cannabis.
Latest information on the case has it that it was heard by the Kumasi Metropolitan Assembly (KMA) Circuit Court on Monday, 24th Nov, 2014. The court, presided over by Judge William Boampong remanded him to reappear on December 8 after persecutors argued that they were still investigating the matter.
This case is purely a criminal one which borders on narcotics and the law. GHbase.com therefore took turns to go through the Ghana Narcotic Drug laws, where we discovered that, in the face of the law, it is not illegal to possess or smoke or sniff or administer the prohibitive drug yet, the police have charged Kwaw for using narcotic drugs.
It becomes illegal to possess, to sniff, to smoke, or to administer it to yourself if you do not have lawful authority or excuse. If an individual is caught in the possession of the illegal drug without lawful authority, that person will suffer a minimum of 10 years imprisonment as stipulated in the Narcotic Drugs (Control, and Enforcement, and Sanctions) Law 1990.
Section 5 of the Law deals with usage – smoking, sniffing or administering it into the body or into another person. If you do so without lawful authority and you are caught, by the law, you will suffer a minimum of five years imprisonment.Once again, in the face of the law, it is not illegal to possess or smoke or sniff or administer the prohibitive drug. However, it becomes illegal to possess, to sniff, to smoke, or to administer it to yourself “IF YOU DO NOT HAVE LAWFUL AUTHORITY OR EXCUSE.”
BUT, the onus lies on the Ghana Police Service to establish whether Kwaw Kesse has lawful authority or excuse to have smoked wee – and also a high responsibility on Kwaw Kesse to also provide evidence or proof that the state has given him authority or excuse to have allegedly smoked the wee.
The self-styled King of the Streets was put before court and formally charged with using narcotic drug without lawful authority. Whilst some of his fans think it serves him better so the law should take its course, others feel the police’s action is a mere knee jerk action – since there are many out there who still smoke and also, the same police could not arrest and prosecute Chris Brown when he came to Ghana to smoke on live stage. What do you say? Unfurl an opinion. Until then…MOTWUM!!