Court Sentences Man to 80 Years for Possession of Drug

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By: Audrey Raymonda John

Honourable Justice Mark Ngegba of High Court No. 3 in Freetown has sentenced Abdul Rahman Conteh to a total of 80 years imprisonment after finding him guilty of unlawful possession, dealing in, and selling a prohibited drug, commonly known as kush.

The sentence was handed down after the court ruled that the prosecution had proved its case beyond reasonable doubt.

The convict was arraigned on three counts. Count One charged him with unlawful possession of a prohibited drug contrary to Section 8(a) of the National Drugs Control Act, 2008 (Act No. 10 of 2008), while Counts Two and Three charged him with dealing in and selling a prohibited drug contrary to Section 7(c) of the same Act.

According to the particulars of the offence, on 29 October 2025, at Freetown in the Western Area, the accused was found in possession of 560 wraps of kush weighing approximately 600 grams. He was also accused of unlawfully dealing in and selling prohibited substances.

On 8 December 2025, Abdul Rahman Conteh appeared before the court and pleaded not guilty to all three charges.

Delivering judgment, Justice Ngegba reiterated that the standard of proof in criminal proceedings is proof beyond reasonable doubt and that it was the responsibility of the prosecution to establish every element of the offences charged.

He noted that any reasonable doubt arising from the prosecution’s case must be resolved in favour of the accused. However, after reviewing the evidence presented, the court found that the prosecution had successfully discharged its burden of proof.

To establish its case, the prosecution called three witnesses, all of whom testified under oath and were cross-examined by defence counsel.

The first prosecution witness, Assistant Superintendent of Police Joseph Stevena, a Forensic Analyst attached to the Transnational Organised Crime Unit (TOCU), testified that his duties include the scientific analysis of drugs and other chemical substances submitted for examination.

He informed the court that on 30 October 2025, he received a laboratory request from Detective Inspector Steven Alpha Turay to analyse 560 wraps of dried leaves suspected to be kush. After conducting chemical analysis and microscopic crystal examination, as well as a presumptive test in the presence of the accused, he concluded that the substance contained synthetic cannabinoids.

The witness tendered the Laboratory Request Form as Exhibit “A” and the Laboratory Report as Exhibits “B1–B2”.

The second prosecution witness, Detective Police Sergeant Sahr Koyoma Sundu of TOCU, testified that he received the case and inquiry file on 29 October 2025 for further investigation into the unlawful possession of 560 wraps of suspected kush.

During his testimony, he tendered the accused’s Voluntary Caution Statement as Exhibits “C1-C7”, the Charge Statement as Exhibits “D1-D3”, and the Arresting Officer’s Report as Exhibit “E”.

The third prosecution witness, Detective Police Constable 13682 John Umaru, attached to the Crime Writer’s Office at TOCU, testified that his responsibilities include registering case files, taking custody of exhibits, and producing them before the court when required.

He stated that on 19 November 2025, Detective Sergeant Sundu handed over 560 wraps of suspected kush to him. The exhibits were subsequently registered in the Book of Court Exhibits under Serial No. 150/2025. Following laboratory examination, ten wraps were used for testing, while the remaining 550 wraps were produced before the court as Exhibits “F1-F550”.

The prosecution also tendered the committal warrant, which was admitted as Exhibits “K1-K3”.

At the close of the prosecution’s case, the accused elected to make an unsworn statement in his defence.

Conteh denied ownership of the drugs and maintained that he was not arrested in possession of any prohibited substance. He told the court that he had gone to watch a football training session in Calaba Town when police officers conducted a drug raid in the area.

According to him, the actual seller fled the scene and several young men, including himself, were arrested. He claimed that others were later released because they were known within the community, while he remained in custody because he was unfamiliar to residents. He further alleged that he was assaulted and taken to TOCU without being given an opportunity to explain himself.

Justice Ngegba, however, carefully examined the accused’s Voluntary Caution Statement, admitted as Exhibits “C1-C7”. The court noted that on page two of the statement, the accused admitted to selling narcotic drugs, specifically kush.

The statement further revealed that he had been arrested by plain-clothes police officers while attempting to sell 560 wraps of kush for the sum of Eight Thousand New Leones (NLe 8,000).

The judge held that the accused’s own admission clearly established that he was in possession of, dealing in, and selling a prohibited drug.

The court also relied on the testimony of the forensic analyst and the laboratory report, which conclusively confirmed that the substance recovered from the accused was kush.

Justice Ngegba further referred to Section 57 of the National Drugs Control Act, 2008, which provides that where a sample of a substance is proven to possess particular properties, it is presumed that the entire substance possesses those same properties unless evidence to the contrary is presented.

The court held that since the tested sample was confirmed to be a prohibited substance and no evidence was presented to challenge the findings, it was reasonable to conclude that all 560 wraps contained kush.

The judge also found that the accused had failed to discharge the burden imposed under Section 17 of the National Drugs Control Act, 2008, which requires a person found in possession of a prohibited substance to demonstrate lawful authority for such possession.

Justice Ngegba concluded that the prosecution had successfully proved all the essential ingredients of the offences charged and that the evidence overwhelmingly established the guilt of the accused.

Consequently, Abdul Rahman Conteh was convicted on all three counts and sentenced to ten years imprisonment on Count One- and thirty-five-years imprisonment each on Counts Two and Three, bringing the cumulative sentence to eighty years imprisonment.

The prosecution was led by A. Jalloh and E. Deen, while M.K. Dauda represented the convict.

 

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