THE REPUBLIC v. EMMANUEL KWAME ADDO DANQUAH AND MALIK OKE

RULING ON WHETHER THE PROSECUTION HAS MADE OUT A CASE FOR THE

ACCUSED PERSON TO ANSWER

The first accused person is a 38-year-old piano teacher, while the second accused person is

a 27-year-old trader. The accused persons were each arraigned on one charge of causing

harm -to each other contrary to section 69 of the Criminal and Other Offences Act, 1960

(Act 29). The second accused person was also charged with one count of causing unlawful

damage to the windscreen of the first accused person’s car, contrary to section 172(1)(b) of

Act 29. The accused persons pleaded “not guilty” to the charges and were granted bail in

the amount of GH¢20,000 with two sureties, with the condition that they should report to

the investigator at the Nungua DOVVSU station every other Thursday at 10 am until the

end of the trial.

The brief facts are that, the first accused person is the brother of the second accused

person’s deceased mother. The accused persons live in separate homes. After the death of

their mother, the second accused person and his two siblings have been denied of their

late mother’s room. “This did not go down well” with the second accused whose “imbecile”

sister lives in the family house. When he had information that his sister was being

maltreated, he decided to go to the house to see things for himself. On the morning of 27th

April 2022, the second accused went to the family house and met his aunties occupying a

small room he claims belongs to his late mother, and sacked them from the room.

The first accused person was called on the phone and went to the house where there was a

confrontation between the accused persons. The first accused person, who was holding a

long metallic padlock, tried to sack the second accused person to lock the hall, while the

second accused person tried to take possession of the padlock. The second accused

managed to pull one side of the padlock which divided into two and they started to hit

themselves with it, injuring each other in the process. As they were going to the police

station to report, the first accused jumped into his car to drive to the station, but

accidentally drove into a gutter. Then the second accused rushed to the car and smashed

the windscreen with a shovel. The two accused persons rushed to the Nungua Police

Station to lodge reports. They were issued with medical forms which they submitted to the

police after attending the hospital. After investigations, they were charged with the