191761 SGT. MENYA JONES ODOI v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- ADJEI,J.A
- IDDRISU,J.
- HOMETOWU,J.
Areas of Law
- Administrative Law
- Military Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, a Sergeant in the Ghana Armed Forces, was posted on a peacekeeping mission in Lebanon and faced disciplinary action for allegedly using disrespectful language toward his superiors. He opted for trial by Court Martial, was convicted on three counts, and sentenced to 90 days detention. The appellant appealed the decision, citing fraud, bias, and procedural unfairness. The Court Martial Appeal Court, Accra, dismissed most of the appellant's grounds but set aside the conviction and sentence, stating the prosecution failed to establish a prima facie case.
ADJEI:J.A
This appeal emanates from the Disciplinary Court Martial, Southern Command, Accra to this Court; the Court Martial Appeal Court, Accra. The appellant was convicted by the majority on three counts of offences and sentenced to 90 days in detention. The appellant was convicted on 2nd July, 2015 and dissatisfied with the judgment, applied to the Court for leave to appeal against same. On 7th October, 2015, this Court granted leave to the appellant to appeal against his conviction. Pursuant to the leave granted, the appellant filed his notice of appeal on 13th October, 2015. The accused person shall be referred to this judgment as the appellant.
The brief facts of this case as presented before the trial Disciplinary Court Martial were that the appellant who was a Sergeant in the Ghana Armed Forces was posted to Lebanon on Peace Keeping Mission. He was a member of Ghanbatt 80. The appellant’s Platoon Commander and Platoon Warrant Officer were Lieutenant Osei Bonsu and WO II Zakaria Dickson respectively. The appellant complained of medical problems in his ankle and was referred to a medical officer. He was given an excuse duty for four (4) weeks and was excused from drill, rifle drill and guard duties. The appellant while on excuse duty, was transferred to Patrol Base Hin on 22nd September, 2014.
According to the Platoon Warrant Officer, the appellant was not satisfied with the transfer and used some words which case doubts on the competence of his Platoon Commander. According to the prosecution when the Platoon Warrant Officer went with the appellant to the Platoon Commander, the appellant retorted to the Commander that he was surprised that a transfer was being used to reward him for the service he rendered to the Platoon. The appellant denied having made any comment about the Platoon Commander and categorically denied the offences.
Summary of evidence into the alleged misconduct of the appellant towards his Platoon Commander was taken. Adverse findings were made against the appellant for misconduct towards his Platoon Commander. The appellant opted to be tried by Court Martial and was referred to his Commanding Officer. At a Disciplinary Board chaired by the Commanding Officer, the appellant maintained his right to be tried by Court Martial. The appellant was charged and expatriated to Ghana to be tried by Court Martial.
The five counts of offences preferred against the appellant before the Court Martial are; using insulting language towards a s