BAWA HUGHES VS. THE REPUBLIC
April 18, 2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.)
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
April 18, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Marie-Louise Simmons of the High Court ruled on an application for bail pending trial by a businessman accused of defrauding another businessman of approximately GHC1.6 million. The Applicant claimed he had a lubricant supply contract with MAWUMS Company at Spintex, Accra, supported by documents later denied by MAWUMS. After partial repayment of GHC200,000, he failed to honor police invitations and was arrested on a bench warrant after arraignment at Circuit Court, Accra. He challenged the Police Prosecutor’s capacity to handle high-value matters citing an Attorney General’s directive and a Chief Justice’s notice. The Court held that courts retain jurisdiction and police prosecutors retain capacity subject to AG advice, emphasized discretion in bail, constitutional rights, and societal interests, found no illegality in the bench warrant, no unreasonable delay, and refused bail.
RULING ON APPLICATION FOR BAIL PENDING TRIAL
This present application was filed on the 10th April 2024, the supporting affidavit was deposed to by the Applicant himself with annexures being the Charge Sheet, Facts of the case, a letter of the Chief Justice to judges on the Notice of Prosecutorial Limits of Police Prosecutors and a Letter of the Attorney General to the Chief Justice on the said Notice.
A copy of the Application has been served on the Office of the Attorney General on the 12th April 2024 per an affidavit of service.
The Republic/Respondent has filed an affidavit in opposition on the 17th April 2024. The Applicant further filed a supplementary affidavit on the 12th April 2024, attaching the proceedings on the case of the Circuit Court 10, Accra.
Per the charge sheet, the Applicant has been charged with two (2) counts of Forgery of Documents contrary to Section 158 of Act 29 and Defrauding by False Pretenses contrary to Section 131 of Act 29. It is important to state that the Applicant is said to have defrauded the complainant of an amount worth about GHC1. 6 million.
The facts of the case as presented by the Police indicates that the Applicant and the complainant are both businessmen.
That in 2021, through a common friend of the Applicant and the complainant, the Applicant informed the complainant that as a businessman, he had secured a contract from a company called MAWUMS Company at Spintex, Accra to supply lubricants.
However, he did not have sufficient funds to fulfill the contract.
The Applicant is said to have convinced the complainant to lend him money to support this contract and he will pay back.
It is further stated that the Applicant showed to the complainant documents of the said contract obtained from the above named company based on which the compliant parted with an amount of GHC1. 6 million.
The Applicant upon receipt of the money could not confirm the existence of this transaction about a year after.
This led the complainant to seek verification from MAWUMS Company who denied knowledge of any such contract and further denied any knowledge of the documents produced by the Applicant.
Complaint therefore lodged a report with the police who invited the Applicant to report for investigations, which he failed to honor.
According to the facts, the Applicant later made two (2)payments of GH100, 000. 00 each to the complainant with the rest of the money yet to be paid.
The Applicant also failed to honors the invitation o