SEY v THE REPUBLIC

This Ghana Court of Appeal case arises from a gas oil delivery shortage at the Ghana Railway Corporation, Kumasi, following a Goil tankers delivery of 17,000 litres that later showed a deficit of approximately 3,000 litres (1,340 imperial gallons). Six corporation employees were charged under section 9(1)(f) of the Public Tribunals Law (PNDCL 78) for doing an act intended to sabotage the economy. The sixth accused, who was asked to sign the invoice but declined and had the fifth accused sign, was convicted by the Ashanti Regional Public Tribunal and appealed. The majority emphasized that the prosecution produced no witness placing the appellant at the discharge; the driver expressly said he was absent. The tribunal relied on co-accused implications which were deemed afterthoughts and required caution under the Evidence Decree, 1975 (NRCD 323), s 75(6). Mere refusal to sign did not prove theft or sabotage. Finding the case fell short of proof beyond reasonable doubt, the majority allowed the appeal and acquitted the appellant. One judge dissented, believing PNDC L 78 permitted reliance on the total record and that sufficient evidence supported the conviction, but the majority prevailed.