[1] The appellant's appeal on conviction and sentence in relation to a charge under s 39B(1)(a) came up for hearing on 26 September 2017. We allowed the appeal principally on the ground that the learned trial judge had failed to give due weight and consideration to the defence story.

[2] In the instant case, the appellant's evidence of his incapacity on medical grounds to discredit prosecution's sole witness evidence was not debunked by the prosecution at the prosecution stage and/or at the defence stage, thereby making the conviction and sentence unsafe. In addition, the prosecution evidence through PW2 as well as chemist evidence to link the accused was in our view, weak evidence to establish a prima facie case more so when the arrest was as a result of prior information by an infor