THE REPUBLIC v. EBUSUAPANYIN KWEKU NYAMEKYE AND SAFOHENE KWESI PAINTSIL

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