REPUBLIC VS BILLY AKUAKU & ANOR
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Billy Akuako (A1) and Gabriel Dordunu (A2) were charged with multiple counts under the Prohibited Organizations Act for their involvement with the Western Togoland Restoration Front (WTRF) and Homeland Study Group Foundation (HSGF). Investigations revealed that both were members of prohibited organizations and had made and accepted contributions for the benefit of these organizations. The court relied on circumstantial evidence, including seized membership cards, financial records, and WhatsApp group memberships, to find both accused guilty beyond a reasonable doubt. Both A1 and A2 were sentenced to imprisonment and fines, with sentences to run concurrently.
The A1 and A2 were arraigned before this court on a charge sheet filed at the Registry of this court on the 27th of October 2022 wherein, they were charged with the following: A1 (BILLY AKUAKO) COUNTS (1), (2), (4) AND (6)COUNT ONE Being a member of a prohibited organization that is Western Togoland Restoration Front contrary to Section 2 (1) (i) of the Prohibited Organizations Act, 1976 (SMCD 20)COUNT TWO Being a member of a prohibited organization, Homeland Study Group Foundation contrary to Section 2 (1) (i) of the Prohibited Organizations Act, 1976 (SMCD 20)COUNT FOUR Making contributions for the benefit of a prohibited organization Homeland Study Group Foundation contrary to Section 2(1) (g) of SMCD 20/76. COUNT SIX Accepting contributions for the benefit of a prohibited organization Homeland Study Group Foundation Jasikan Branch contrary to Section 2(1) (g) of SMCD 20/76. A2 was charged with the following offences in the following counts: COUNT THREE Being a member of a prohibited organization that is Western Togoland Restoration Front contrary to Section 2 (1) (i) of the Prohibited Organizations Act, 1976 (SMCD 20)COUNT FIVE Making contributions for the benefit of a prohibited organization Homeland Study Group Foundation contrary to Section 2(1) (g) of SMCD 20/76. PLEA OF THE ACCUSED PERSONS On the 23rd of November 2022, the A1 and A2 pleaded not guilty to all charges preferred against them after same had been read and interpreted in the English Language for the A1 and in the Ewe language for the A2. FACTS OF THE CASE According to the prosecution, officers of the National Security Council based on intelligence gathered, embarked on an exercise to identify and arrest members of the Western Togoland Restoration Front who on 25th September 2022 blocked the road at Juapong and Sogakope and set fire to two STC vehicles.
The prosecution states that in the course of investigations into the activities of this prohibited organization, the investigative team discovered a WhatsApp group platform with the name ‘SEC ADMIN’, a group created by high ranking members of the organization to discuss security related issues.
The case of the prosecution continues that further investigations revealed some members of the platform to be security personnel including the accused persons herein.
The accused persons were also found to be members of two other whatsapp platforms of Homeland Study Group Foundation, namely ‘Psalm 21’ and‘HSGF. ’ The first accused person was arr