THE REPUBLIC v. CEPHAS POMEVOR & ANOTHER

BACKGROUND

On 4th July,2022, the accused persons were arraigned before this Court on charges of

conspiracy to commit crime to wit offensive conduct conducive to the breach of the peace

and offensive conduct conducive to the breach of the peace contrary to Sections 23 (1) and

207(1) of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

The brief facts as narrated by Prosecution indicated that the complainant, Zikpuitor

Demordzi Hanyrah is a farmer and the stool father of Dekpor Dome whilst the first

accused, Cephas Pomevor is a retired educationist and the second accused Faustina

Pomevor is a farmer.

The Prosecution stated that the complainant is one of the principal members of the

Hanyrah family and has been acting for and on behalf of Torgbui Hanyrah IV, the Dufia

of Dekpor Dome.

The Prosecution stated that on the 5th of April, 2020, A2 was summoned before the

Torgbui Hanyrah panel by one Kotoka Ahordo and due to the absence of Torgbui

Hanyrah, the complainant presided over the panel that sat on the matter between the

parties.

The Prosecution stated that, after the panel had completed its hearing, it set the 30th day

of April, 2020 as the date for the delivery of their verdict.

The Prosecution stated that, on the day for the delivery of the verdict, whiles the panel

sat in an open space, A2 without any provocation stood up and hurled insults at the

complainant and the panel in the Ewe language by saying, “Me nyemi korde vornua fe

nume, nyeme nya bena vornua gbedudoe wonyeo, sigbedewo la gbedudoe wo nye”,

which when translated in English meant, “I defecate into the mouth of the arbitration

panel of Torgbui Hanyrah stool and the elders, I never knew the arbitration was a refuse

dump but rather it was so”.

The Prosecution stated that, just after A2 made those pronouncements, A1 also stood up

and repeated the same insults and stated in addition that the panel members should come

to him for tuition on how to settle cases.

The Prosecution stated that both A1 and A2 denied the offences in their respective

investigation caution statement but were charged with the offences after investigation for

prosecution.

THE CASE OF PROSECUTION

In the effort to prove their case, the prosecution called four witnesses comprising the

complainant, one Dumega Lokpa Kodzo as a second witness, Awudi Francis as a third

witness and the Police Investigator Detective Sergeant Kingsley Aboagye Darkwah as a

fourth witness.

The complainant stated tha