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JUDGMENT
JUDGMENT
The Accused persons were charged with two counts: conspiracy to commit crime
contrary to section 23(1) and causing unlawful damage contrary to section 172 of the
Criminal and Other Offences Act, (1960) Act 29.
The particulars of offence for count one are that 1. Ebusuapanyin Kweku Nyamekye
aged 65, retired teacher 2. Safohene Kwesi Painstil, aged 60, Forester: On or before
03/08/2022 at 2:00 pm at Sekyerew in the Central Region and within the jurisdiction of
this court, you acted together with common purpose to commit crime to wit; causing
unlawful damage.
Particulars for count two are that 1. Ebusuapanyin Kweku Nyamekye aged 65, retired
teacher 2. Safohene Kwesi Paintsil, aged 60, Forester: On or before 03/08/2022 at 2:00
pm at Sekyerew in the Central Region and within the jurisdiction of this court, you
intentionally and unlawfully caused damage to the black stool room, lock and part of
the wall of Sekyerew palace valued GH₵600.00 the property of Eguana Royal Family.
Accused persons pleaded not guilty to both counts whereupon the case proceeded to
trial.
ALLEGED FACTS
Both the Complainant and A1 claim to be Ebusuapanyin of Eguana Royal Family of
Sekyerew. A2 is the Safohene of the same Family. After the death of their chief, the
family began to suffer disputes over who lords over the palace and the black stool.
On 3rd August 2022, at a one-week celebration of Obaapanin Araba Nkutoawaa of the
same family, the Accused persons, took advantage and lured the complainant into the
palace to demand the black stool. The supporters of the Accused persons also
followed and there at the palace, a misunderstanding ensued. Accused persons
ordered the complainant to open the stool room for inspection but the complainant
refused to do so, informing the Accused persons that the timing was wrong and that
the entire family had to be present and the necessary rites performed before the room
could be opened. Infuriated by this response the Accused persons attacked the
complainant. The Accused persons, armed with pickaxe and other implements went
straight to the door to the stool room and caused damage to the door and its lock and
other part of the room valued GH₵600.00. After this act, the complainant lodged a
complaint with the police and the Accused persons were arrested.
THE LAW
The plea of not guilty is a rebuttable presumption that the Accused is innocent under
the 1992 Constitution Article 19(2)(c).
Section 172(1) of the Crim