RICHARD NANA AMOAKO vs THE REPUBLIC

The instant petition of appeal was filed on the 16th of September 2024 against the ruling of the trial circuit court CF-GBVC Police Headquarters admitting a pen drive containing audio recordings into evidence during the testimony of the first prosecution witness Patience Afful who also happens to be the victim in the case of the prosecution.

The Accused/Appellant has been charged with the offence of physical assault contrary to Sections 1(b) (i) and 3 (2) of the Domestic Violence Act 2007 (Act 732), emotional abuse contrary to section 1 (b) (iv) and 3(2) of Act 732), engaging in domestic violence namely conduct or behavior that in any way undermines another person’s privacy or integrity contrary to Section 1(d) (iii) and 3(2) of (Act 732) and threat of harm contrary to Section 74 of the Criminal Offences Act 1960 Act 29. The first prosecution witness mounted the witness box and relied on her witness statement filed on her behalf. She also sought to tender a pen drive containing the voice recordings of the accused person and the complainant’s friend. Counsel for the accused person raised an objection to the admissibility of the said audio recordings on the basis that same were illegally intercepted and as such same violates the Constitution 1992 and the Electronic Transaction Acts, 2008 Act 772.

The trial judge on the 22nd of August 2024 overruled the objection of counsel for the accused person and proceeded to admit the audio recording into evidence as exhibit A series. It is against this ruling that the accused/appellant has filed the instant appeal praying this court to set aside the ruling of the trial circuit court.

GROUNDS OF APPEAL

The ground of appeal filed are as follows:

1. The Learned Trial Circuit Judge erred in law when she failed to follow the Supreme Court decisions in ACKAH v AGRICULTURAL DEVELOPMENT BANK [2017-2020] 1 SCLR 226; and, CUBAGEE v ASARE & OTHERS |2017-20201 1 SCCLR 305 on the question of admissibility of secret recordings and the right to privacy as condensed in Article 18 of the 1992 Constitution of Ghana

FACTS OF THE CASE

The complainant Patience Afful is a graduate of the University of Cape Coast whereas the accused person Richard Nana Amoako is a businessman and the Chief Executive Officer of Freight Masters Shipping and Freight Masters Driving Institute. On or around July, 2023 the accused person met the complainant through one, Rosemary the Administrator of his Company while the complainant was then working