GH - PATRICIA ASIEDUA v. THE REPUBLIC

This ruling is in respect of an application for bail pending appeal.

The applicant herein, Madam Patricia Asiedua alias Nana Agradaa is a pastor and the founder of Heaven Way Champions International Ministry. On 3rd July, 2025 she was convicted and sentenced by the Circuit Court, Accra. Prior to that, she was charged with one count of charlatanic advertisement contrary to section 137(1) of the Criminal Offences Act of 1960, Act 29 and four counts of defrauding by false pretenses contrary to section 131 of Act 29 (i.e. Counts 2 to 5). The applicant pleaded not guilty to all the five counts.

After a full trial, applicant was convicted on Counts 1, 2 and 3. Applicant was, however, acquitted and discharged on Counts 4 and 5. She was sentenced to a fine of 25 penalty units on Count 1 or in default 30 days in prison. In respect of both Counts 2 and 3, she was sentenced to a custodial term of 15 years in hard labour. The sentences are to run concurrently.

Aggrieved by the conviction and sentence, Applicant filed a Petition of Appeal on 7th July, 2025. The grounds of appeal are:

i. The conviction and sentence should be set aside as the judgment is unreasonable and cannot be supported by the evidence on record.

ii. The whole trial is wrong in law.

Particulars of error:

a. The trial judge denied the petitioner fair trial by calling her to prove her innocence when prosecution had led no or insufficient evidence, contrary to Article 19(2)(C) of the 1992 Constitution.

b. The trial judge demonstrated manifest bias and personal animosity towards the petitioner by persistently engaging in confrontations, harassment, and intimidation of the accused’s lawyers in open court thereby denying her adequate and effective representation.

iii. The sentence of 15 years IHL is harsh and excessive taking into consideration the circumstances of the case.

iv. Additional grounds to be filed upon receipt of the judgment.

On the 9th of July, 2025 the Applicant filed the present application for bail pending the determination of her appeal.

The application is backed by a forty-four (44) paragraph affidavit in support. By this application, the Applicant is praying the court that notwithstanding her conviction and custodial sentence, which has not been set aside, she should be at liberty to stay outside the prison until the final determination of her appeal. The mainstay of applicant’s case is that her appeal is likely to succeed as the t