THE REPUBLIC v. AGBENYEGA GAKPO & 7 OTHERS
2023
DISTRICT COURT
GHANA
CORAM
- HIS WORSHIP NELSON DELASI AWUKU DISTRICT MAGISTRATE
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2023
DISTRICT COURT
GHANA
CORAM
AI Generated Summary
This is a criminal trial in the Magistrate Court at Ehi involving multiple accused persons charged with conspiracy to commit stealing and stealing under sections 23 and 124 of the Criminal Offences Act, 1960 (Act 29). The complainant, a farmer in Huive, reported prior confrontations and damage to okro, and later discovered that about 80% of maize on his two-acre farm had been harvested. Prosecution witnesses included the complainant, PW2 Kuma Zigli, and PW3 Detective Sergeant Kingsley Aboagye Darkwa. No witness saw any accused taking maize; nothing was recovered from the accused. The court recited controlling principles on proof beyond reasonable doubt, the elements of conspiracy (including prior agreement), and the stringent requirements for circumstantial evidence. Given multiple plausible alternatives and reliance on suspicion arising from an ongoing land dispute, the court held the prosecution had not met its burden and acquitted and discharged all accused on all counts.
BACKGROUND
The accused persons were arraigned before this Court on 11th February, 2022 on charges
of Conspiracy to commit crime to wit stealing and Stealing contrary to Sections 23(1) and
124 of the Criminal Offences Act, 1960 (Act 29).
BRIEF FACTS
The facts as read by Prosecution stated that the complainant and the accused persons are
all residents of Huive, a suburb of Ehi.
The Prosecution stated that on on the 3rd of October, 2021 at about 3:00pm, the
complainant and his brothers visited his farm at Huive to sell his cassava to a buyer called
Emmanuel but whiles there, the accused persons came to the farm, attacked and chased
them away.
The Prosecution stated that on the 5th of October, 2021 at about 8:00am the complainant
while on his farm with his brothers harvesting okro were attacked by the accused persons
with sticks and cutlasses and chased away.
The prosecution stated that the accused persons destroyed the complainant’s harvested
okro and the plastic containers into which the harvest had been put, all together
amounting to thousands of Ghana cedis.
The prosecution stated that on the 16th of January, 2022 at about 7:30am the complainant
went to his farm and detected that about 80% of the maize cultivated by him on the twoacre land had been harvested.
The prosecution stated that, the complainant who suspected the accused persons
reported the incident to the police and they were arrested.
The prosecution stated that the accused persons denied the offence in their cautioned
statements but were charged with the offences and arraigned before the court for
prosecution after investigations.
PLEA OF ACCUSED PERSONS
All accused persons pleaded not guilty to the offences when the charges and particulars
were read and interpreted to them in Ewe and were admitted to bail.
Witness statements of witnesses of prosecution together with charge statements and
investigation caution statements of the accused persons were filed by the prosecution and
served on the accused persons for trial.
THE CASE OF PROSECUTION
The prosecution called the complainant as his first witness, Kuma Zigli as PW2 and the
police investigator Detective Sergeant Kingsley Aboagye Darkwa as PW3.
In his evidence to the Court, the complainant, first prosecution witness stated that, he has
a maize farm of about 2 acres situated on a land which is currently under litigation
between himself and others.
PW1 stated that on the 16th of January, 2022 at about 7:30am h