GILBERT AHOUSSOU AMEGMON VS THE REPUBLIC

This is a Criminal Appeal against the judgment of the Circuit Court delivered by Her Honour Veronique Praba Tetteh on the 24 th January 2022. The Appellant was arranged before the Trial Court and charged with three (3) Counts of Conspiracy to commit crime to wit Buying Cocoa without lawful authority contrary to Section 23(1) of Act 29 and Section 1 of Cocoa Industry (Regulations) Act 1968 NLCD 278 and Buying Cocoa without lawful authority contrary to Section 4 (1) and (9) of Ghana Cocoa Board Act 1984 (PNDCL 81) and Attempting to export Cocoa without lawful authority contrary to Section 18 (1) of Act and Section 3 of the Cocoa Industry(Regulations) Act 1968 (NLCD 278). Appellant was convicted on Counts one (1) and two (2) to serve 5 years rd imprisonment on both Counts to run concurrently but he was discharged on the 3 Count as the same was struck out by the Trial Judge as improper.

GROUNDS OF APPEAL Being aggrieved, Applicant files the present appeal on 16/6/2023 on the following grounds; a. That the judgment cannot be supported having regards to the evidence on record.

b. That the whole trial was wrong in law.

c. That in the unlikely event that the conviction is correct and same upheld, the sentence is harsh having regard to the fact that the Appellant being a first time offender and did not know his acts constitute a breach of the laws of Ghana.

BRIEF FACTS The facts leading to the conviction of the Appellant are that the Complainant Francis Botchway is the manager of the Quality Control Division (QCD) of Ghana COCOBOD Assin Fosu District.

The office is charged with the responsibility to ensure that all cocoa meant for sale and export are well dried and meets international standards before being sealed.

The Accused who is now the Appellant herein, is a Beniniore and has relatives at Assin Juaso.

On 22 nd of December 2021 at about 7: 30 am, Nana Kwasi Ofori, chief farmer for Central Region, alerted the complainant that the Appellant had come to Assin Juaso and was buying ripen cocoa pods which he had stored in a room for later evacuation to his hometown Benin.

Having gathered this information on the illegal act, the complainant lodged a formal report with police leading to the arrest of the Appellant in a store room at Assin Juaso, and the subsequent recovery of an unspecified ripen cocoa pods.

Accused during interrogation disclosed to police that he was financed by one Alhaji Ayuba in Benin, to buy the non-dried commodity and transport the same