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July 31, 2014
HIGH COURT
GHANA
CORAM
JUDGMENT
Fourteen (14) persons were initially charged and arraigned before this court for various offences. At the close of the case for the Prosecution and pursuant to a Ruling delivered on 18/02/2013, 3 Accused persons, namely: A7 – RocksonApeadu; A9 – L/Cpl Isaac KwakuAsareDarko and A14 – Kofi Aboagyewere acquitted and discharged for lack of evidence. The court held that the Prosecution has been unable to establish a prima facie case against them. Consequently, the other 11 Accused persons were called upon to enter into their defence. It is of great relief that the marathon trial has come to an end and I now set out to deliver my judgment
The other Accused persons herein standing trial have pleaded not guilty to8 counts of Abetment of crime ie Unlawful exportation of cocoa contrary to Ss 20(1) and 317(1)(g) of the Criminal Offences Act, 1960 (Act 29) and 5 counts of Corruption by public officer contrary to S 239(1) of Act 29.
S.20(1) of Act 29 enacts:
“A person who, directly or indirectly, instigates, commands, counsels, procures, solicits, or in any other manner purposely aids, facilitates, encourages, or promotes, whether by a personal act or presence or otherwise, and a person who does an act or the purposes of aiding, facilitating, encouraging, or promoting the commission of a criminal offence by another person, whether known or unknown, certain, or uncertain, commits the criminal offence of abetting that criminal offence, and of abetting that other person in respect of that criminal offence.”
The law also provides in S. 317(1)(g) of Act 29 as follows:-
“A person who exports or attempts to export cocoa contrary to the Customs, Excise and Preventive (Management) Law, 1993 (PNDC L 330) (which relates to the exportation of restricted or prohibited goods) commits a misdemeanour……….”
S.239(1) of Act 29 also provides:-
“A public officer or juror who commits corruption, or willful oppression, or extortion, in respect of the duties of office, commits a misdemeanour.”
The particulars of offences as contained in the charge sheet are as follows:
COUNT 1
PARTICULARS OF OFFENCE
(ABETMENT OF CRIME)
Gabriel Dimado, Stephen SowahQuaye, between January 2010 and March 2010, at Kunkumso in the Western region did abet members of the Tiger Eye PI team to unlawfully export cocoa to Cote D’Ivoire.
COUNT 2
PARTICULARS OF OFFENCE
ABETMENT OF CRIME)
William Festus Yawson, Frederick Kofiabley, between January 2010 and March 2010, at Bioso border in the Wester
AI Generated Summary
Between January and March 2010, Ghana Cocoa Board engaged investigative journalist Anas Aremeyaw Anas and his Tiger Eye PI team to conduct undercover operations along Ghana’s western border to uncover persistent cocoa smuggling despite prior deployments of security agencies. The team posed as smugglers and interacted with Customs, Excise and Preventive Service (CEPS), Police, and Immigration officers stationed at checkpoints including Dadieso, Enchi, Omanpe, Boiso, Kwesi Nkrumah border, Aberewakrom, and Kunkumso. Fourteen individuals were initially charged with multiple counts of abetment of unlawful exportation of cocoa under sections 20(1) and 317(1)(g) of the Criminal Offences Act, 1960 (Act 29), and corruption by public officer under section 239(1). After a no-case ruling on 18/02/2013, three accused were acquitted and discharged for lack of evidence, and eleven were called upon to present their defence. The court emphasized the prosecution’s burden to prove guilt beyond reasonable doubt, while acknowledging the accused’s right to raise reasonable doubt on a preponderance of probabilities, and proceeded to evaluate the evidence after full trial.