THE REPUBLIC v. MICHAEL AWUDI

BACKGROUND

On 21st of March,2022 the accused person was arraigned before this Court on charges of

publication of false news and offensive conduct conducive to the breach of the peace

contrary to sections 208 and 207(1) of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

The brief facts attached by the prosecution disclosed that the complainants and the

accused person are both natives of Ablorme - Dzodze.

The prosecution stated that sometime in December, 2021 the accused person and others

from the Adisre royal family in Ablorme-Dzodze reported to the police about the stealing

of their ancestral stool which matter was pending investigation.

The Prosecution stated that on the 3rd of January, 2022 the accused posted the photograph

of PW2 on facebook with the caption, “This is the juju man who was contracted by a police

sergeant Mathias Agbeshie Agbanyo stationed at Adenta/Dodowa with AK 47 firing warning

shots to steal the ancestral stool of the Adisre royal family of Dzodze – Ablorme around 1:00am on

23 December, 2021. They are wanted as I write. The Dzodze police are yet to act on the case when

they come from Christmas holidays”.

The Prosecution stated that PW1 and PW2 made a report to the police in respect of the

post and the accused person was arrested and arraigned before the court for prosecution

after investigations.

THE CASE OF PROSECUTION

The prosecution relied on the evidence of the complainants Mathias Agbeshie Agbanyo

(PW1), Abraham Dzakpasu (PW2) and the police investigator No. 47363 D/Corporal

Ernest Oppong (PW3).

In addition to their witness statements, the cautioned statement and charge statement of

the accused person were tendered in evidence and adopted as Exhibits A and B. A snap

shot of the post allegedly made by the accused on facebook was also tendered in evidence

and marked Exhibit C.

In his evidence in chief PW1 stated that the accused person and himself are both members

of the Adisre family and that there has never been any dispute or misunderstanding

between them.

PW1 stated that on the 3rd of January, 2022 the accused person posted the photograph of

PW2 on facebook with the caption that he as a police officer had contracted PW2 who he

described as a juju man and stole the Adisre family stools from the family stool house.

PW1 quoted what the accused is alleged to have posted about him on facebook as follows;

“This is the juju man who was contracted by a police sergeant Mathias Agbeshie Agbanyo

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