REPUBLIC v. EMMANUEL KWASHIE AMEGASHIE & OTHERS
2015
HIGH COURT
GHANA
CORAM
- C. J. HONYENUGA, J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The accused persons were charged with multiple offences, including conspiracy to steal GOIL Fuel Coupons worth GH¢918,275.00, among others. The prosecution presented its case, calling eight witnesses and submitting various documents as evidence. However, at the close of the prosecution's case, the defense submitted no case to answer, arguing that the prosecution had not established a prima facie case. The court reviewed the evidence and found numerous inconsistencies and contradictions in the prosecution's case, failing to sufficiently prove the charges against the accused. Consequently, the court ruled that the prosecution had not established a prima facie case, leading to the acquittal and discharge of all the accused persons on all counts.
RULING ON THE SUBMISSION OF NO CASE MADE BY COUNSEL FOR AND ON BEHALF OF THE FIRST, SECOND, THIRD AND THE FOURTH ACCUSED PERSONS
HONYENUGA J.A.
By the powers conferred upon the Honourable Lady Chief Justice by Article 139(1)(c) of the 1992 Constitution and by section 14(1)(e) of the Courts Act, 1993 (Act 459), I was on the 16th June 2008, authorized to sit as an additional High Court Judge to hear this case. The delay in hearing this case took various turns due to the numerous State Attorneys changing hands in the conduct of the case.
The accused persons were charged with Conspiracy to steal contrary to sections 23(1) and 124(1) of Act 29 of 1960 as amended by NLCD 398 for having acted with a common purpose to steal GOIL Fuel Coupons with ¢9,182,750,000.00 (Nine Billion, One Hundred and Eighty-Two Million, Seven Hundred and Fifty Thousand old Ghana Cedis) equivalent of GH¢918,275.00 of which they are not owners.
The accused persons were similarly charged with Stealing contrary to section 124(1) of Act 29 of 1960 as amended by NLCD 398 for having about the period September to October 2007 in Accra in the Greater Accra Region did steal GOIL Fuel Coupons worth ¢9,182,750,000.00 (Nine Billion, One Hundred and Eighty-Two Million, Seven Hundred and Fifty Thousand old Ghana Cedis) or GH¢918,275.00 of which they were not the owners.
The third accused alone was charged with Dishonestly Receiving contrary to section 146 of Act 29 of 1960 for dishonestly receiving GOIL Fuel Coupons from one Lawrence Avorgbedor, the second accused knowing that the said coupons were appropriated by stealing.
The second accused was alone charged with forgery of official document contrary to section 159 of Act 29 of 1960 for having with intent to commit stealing did make unauthorized serial numbers on a number of GOIL Fuel Coupons to cause it to be believed that the said coupons were lawfully made and issued by GOIL.
Further, the fourth accused was further charged with Dishonestly Receiving contrary to section 146 of Act 29 of 1960 for dishonestly receiving GOIL Fuel Coupons from the third accused knowing that the said coupons were appropriated by stealing.
Moreover, the fourth accused was charged with Defrauding by false pretences contrary to section 131 of Act 29 of 1960 as amended by NLCD 398 paragraph 5 for falsely representing to one James Otoo that he was an employee of CAMELOT GHANA LIMITED and had been officially detailed by his employers to sell genuine GOIL Fuel Coupons