AGANTULGO AGANA JOSEPH & ORS v. THE REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- ADJEI JA.
- OWUSU-OFORI J.
- ASARE-BOTWE (MRS.) J.
Areas of Law
- Criminal Law and Procedure
- Administrative Law
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Mrs. Afia Serwah Asare-Botwe, J., delivering the lead judgment, dismissed an appeal by three Ghana Air Force junior enlisted men—ACII Agantulgo Agana Joseph (A1), ACII Oleviel Solomon (A2), and ACII Osei Boamah (A3)—from a General Court Martial verdict dated 10 July 2019. The prosecution alleged the soldiers visited the Tarkwa-Aboso mining site of Philemon Adjei (a.k.a. Evans) and Seth Kwasi Mensah, demanded money, returned on 28 October 2017 in uniform while off duty, assaulted Adjei with a taser, and took a backpack containing 13 pieces of gold and cash, later producing 11 pieces and GH¢910 at the Aboso Police Station. The appellate court rejected a preliminary ground improperly framed using the civil “weight of evidence” standard, held that off‑duty uniformed, unauthorized conduct prejudiced good order and discipline under Act 105 s.54, found the Board of Inquiry not a tribunal capable of supporting autrefois convict, and declined to interfere with dismissal sentences as appropriate. Dennis Adjei JA concurred with additional reasons; Alex Owusu‑Ofori J stated “I agree.”
ASARE-BOTWE,J:
INTRODUCTION:
This is an appeal against the judgment of the General Court Martial, sitting at the Air Force Base, Takoradi, presided over by His Lordship P. Bright Mensah J (as he then was) as the Judge Advocate. The verdict is dated the 10th of July, 2019.
The offences against the Appellants were as follows:
207323 ACII AGANTULGO AGANA JOSEPH
COUNT 1: Conspiracy to Commit Robbery Contrary to
Section 48 of the Armed Forces Act, 1962 (Act 105)
COUNT 2: Offence Punishable Under Section 78 of the Armed Forces Act (Act 105) Robbery Contrary to Section 149 of the Criminal Offences Act, 1960 (Act 29)
COUNT 3: An Offence Punishable Under Section 78 of the Armed Forces Act, (Act 105) that is to say Causing Harm Contrary to Section 69 of the Criminal Offences Act, 1960 (Act 29)
COUNT 5: Absented Himself Without Leave Contrary to Section 29 of the Armed Forces Act, 1962 (Act 105)
COUNT 6: An Act to the Prejudice of Good Conduct and Discipline Contrary to Section 54 of the Armed Forces Act, 1962 (Act 105)
207333 ACII OLEVIEL SOLOMON
COUNT 1: Conspiracy to Commit Robbery Contrary to
Section 48 of the Armed Forces Act, 1962 (Act 105)
COUNT 2: Offence Punishable Under Section 78 of the Armed Forces Act (Act 105) Robbery Contrary to Section 149 of the Criminal Offences Act, 1960 (Act 29)
COUNT 3: Absented Himself Without Leave Contrary to Section 29 of the Armed Forces Act, 1962 (Act 105)
COUNT 4: Malingering Contrary to Section 14 of the Armed Forces Act, 1962 (Act 105)
COUNT 5: An Act to The Prejudice of Good Conduct and Discipline Contrary to Section 54 of the Armed Forces Act, 1962 (Act 105)
COUNT 6: An Act to the Prejudice of Good Conduct and Discipline Contrary to Section 54 of the Armed Forces Act, 1962 (Act 105)
207356 ACII OSEI ABRAHAM
COUNT 1: Conspiracy to Commit Robbery Contrary to
Section 48 of the Armed Forces Act, 1962 (Act 105)
COUNT 2: Offence Punishable Under Section 78 of the Armed Forces Act (Act 105) Robbery Contrary to Section 149 of the Criminal Offences Act, 1960 (Act 29)
COUNT 3: Absented Himself Without Leave Contrary to Section 29 of the Armed Forces Act, 1962 (Act 105)
COUNT 4: An Act to the Prejudice of Good Conduct and Discipline Contrary to Section 54 of the Armed Forces Act, 1962 (Act 105)
COUNT 6: An Act to the Prejudice of Good Conduct and Discipline Contrary to Section 54 of the Armed Forces Act, 1962 (Act 105)
FACTS OF CASE
The facts presented to the General Court Martial at the commencement of