THE REPUBLIC v. ANTHONY WUMANYO

BACKGROUND

The accused was arraigned before this Court on 17th August, 2020 on a charge of threat of

harm contrary to Section 74 of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

The brief facts as attached by the Prosecution stated that the complainant John Aproh is

a driver and a resident of Agbozume whilst the accused Anthony Wumanyo is a plumber

and a native of Ehi-Tove.

The Prosecution stated that on 14th October, 2021 the complainant together with witness

Korbla Akwe went to a site at Ehi-Tove to offload some bags of cement in a tricycle.

The Prosecution stated that on reaching the destination, the complainant and the witness

saw the accused who was sitting under a coconut tree sharpening his cutlass.

The Prosecution stated that when the complainant ordered the witness to offload the

cement from the tricycle, the accused stood up and started brandishing his cutlass and

threatened them by saying that, “I will butcher you or anyone who will offload the cement from

the tricycle”.

The prosecution stated that, the accused denied the offence in his investigation caution

statement and was arraigned before this Court after investigation with a charge of the

offence of threat of harm.

PLEA OF ACCUSED

The accused pleaded not guilty to the offence when the charge and particulars of the

offence were read and interpreted to him and was admitted to bail.

Witness statements of witnesses of prosecution together with charge statement and

investigation caution statement of the accused were filed by the prosecution and served

on the accused for trial.

THE CASE OF PROSECUTION

The prosecution called three witnesses, in addition to the complainant and investigator

to prove his case.

In his evidence to the Court, the first prosecution witness stated that on 14th October, 2021,

he took some workers from Agbozume to Ehi-Tove.

PW1 stated that, on their arrival at the site they saw the accused sitting on the compound

and upon seeing them, he suddenly stood up and brandished his cutlass saying he will

not allow anyone to offload the cement.

PW1 stated that the accused pointed the cutlass at him and stated that he will butcher

him and anyone who try to offload the cement and violently drove them away.

In his evidence, PW2 stated that he was contracted by the complainant to mold blocks for

him at a site at Tove, but upon reaching the destination they saw the accused sharpening

a cutlass under a coconut tree on the compound.

PW2 stated t