SAMUEL OFOSU AMPOFO & ANOR VS THE REPUBLIC

POKU-ACHEAMPONG, J.A.:

We are dealing, in this matter, with an appeal against a ruling of an Accra High Court dated 26th January 2023 which dismissed a submission of no case put up by the 1st Accused Appellant.

On 16th April 2019 the Appellant and the 2nd Accused were arraigned before an Accra High Court on three counts namely;

one count of conspiracy to cause harm contrary to sections 23 (1) and 60 of the Criminal Offences Act, Act 29, and two counts of assault on a public officer contrary to section 205 (a) of the Criminal Offences Act 1960 (Act 29) as amended.

Count One

Statement of Offence

Conspiracy to cause harm contrary to Section 23(1) and Section 69 of the Criminal Offences Act, 1960 (Act 29)

Particulars of Offence

1)Samuel Ofosu Ampofo 2)Anthony Kwaku Boahen and others on or about 3rd February, 2019, at Adabraka in the Greater Accra Region agreed to act together with a common purpose to intentionally and unlawfully cause harm to certain persons.

Count Two

Statement of Offence

Assault on public officer contrary to section 205(a) of the Criminal Offences Act, 1960 (Acts 29).

Particulars of Offence

Samuel Ofosu Ampofo on or about 3rd February 2019 at Adabraka in the Greater-Accra Region incited communicators of the National Democratic Congress to molest the Chairman of the Electoral Commission.

Count Three

Statement of Offence

Assault on public officer contrary to section 205 (a) of the Criminal Offences Act, 1960 (Acts 29).

Particulars of Offence

Samuel Ofosu Ampofo on or about 3rd February 2019 at Adabraka in the Greater-Accra Region incited communicators of the National Democratic Congress to molest the Chairman of the Peace Council.

The Appellant and the 2nd Accused pleaded not guilty to the charges. The prosecution called three witnesses. At the close of the prosecution’s, case Counsel for the Appellant and Counsel for the 2nd Accused filed submissions of no case on behalf of their clients.

The Trial Judge dismissed the submissions of no case in a ruling delivered on 26/1/23 and invited the Appellant and the 2nd Accused to open their defence.

Aggrieved by the ruling the Appellant, on 6/2/2023, filed the instant appeal with the following as the grounds of appeal:

(a) The Learned Trial Judge erred in holding that “there is evidence on record in respect of the charges brought up against the accused persons.”

(b) The Learned Trial Judge erred in failing to give due and/or proper regard to the Appellant’s arguments in support