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March 14, 1986
HIGH COURT
GHANA
CORAM
On 30 January 1986 I allowed the appeal from the ruling of the learned magistrate sitting at the District Court, Grade I, Lartebiokorshie in which he rejected a submission of no case to answer by counsel for the appellant on the ground that a prima facie case had been made against the appellant and consequently called upon her to make her defence. The appellant appealed from that ruling to the High Court.
The appellant was charged under section 207 of the Criminal Code, 1960 (Act 29), which provides:
“207. Any person who in any public place or at any public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall be guilty of misdemeanour.”
The particulars of offence were given as follows:
“Rebecca Gaba student: For that you on 26 January 1985 at about 10 am at Mataheko in the Greater Accra Magisterial District and within the jurisdiction of this court, did behave in a manner with intent to provoke a breach of the peace to wit; pushing, abusing and brandishing a knife over the head of one Gladys Kotey, whereby a breach of the peace was likely to be occasioned."
The evidence led by the prosecution was that the complainant, Miss Gladys Kotey, lived in the same house with her brother John Kotey and [p.696] shared a common kitchen. In the kitchen the complainant's brother had three shelves and she had the bottom shelf for her exclusive use. The evidence further showed that there had been no love lost between brother and sister who were not on speaking terms. The appellant was a girl-friend of the complainant's brother and visited the house during week-ends.
On 26 January 1986 the complainant had packed on the bottom shelf eggs and a bottle of cooking oil. The appellant removed the eggs and the cooking oil and placed them on the floor. The complainant then returned the items on to the shelf. It appears this comedy was repeated three times and was followed by exchange of words. The appellant became abusive and insulting and threatened the complainant by waving a kitchen knife over her head. There was no doubt that the incident took place and happened in the common kitchen of the complainant and her brother. There was also evidence of assault. The complainant reported the matter to the police in consequence of which the appellant was charged with conduct conducive to the breach of the peace.
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AI Generated Summary
In this High Court appeal, Chief Justice Sowah allowed Rebecca Gaba’s challenge to a magistrate’s refusal to uphold a submission of no case. Gaba, a student and girlfriend of John Kotey, had a domestic dispute with the complainant, Miss Gladys Kotey, in the common kitchen of their private house in Mataheko. After repeated removal of Gladys’s eggs and cooking oil from her shelf, the quarrel escalated, with Gaba abusing and insulting Gladys and waving a kitchen knife over her head. Charged under section 207 of the Criminal Code (Act 29) for conduct conducive to a breach of the peace, Gaba argued the incident occurred in a private place. The High Court held that section 207 requires conduct in a public place or meeting and does not apply to private houses. Although assault was evidenced, only the trial magistrate could have amended the charge under section 176 of the Criminal Procedure Code (Act 30), and the appellate court lacked that power. The appeal was therefore allowed.