THE REPUBLIC v. HAMMOND TEYE AND ALBERT AWUKU ANAGLI
November 17, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE AYITEY ARMAH-TETTEH
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Human rights Law
November 17, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
An appellate panel of the High Court, per Justice Ayitey Armah-Tetteh, reversed the Jasikan Circuit Courts acquittal of 73yearold fisherman Albert Awuku Anagli on a human trafficking charge under the Human Trafficking Act 2005 (Act 694), as amended by Act 784. Police from the Oti Regional CID and Dambai rescued children including 13yearold Paul Mawunyefia, whom officers found living at Anaglis house in Njare. Anaglis caution statement (Exhibit A) admitted he took Paul and his sister Bless from Abotoase Gbadagba to stay with him and help with fishing on weekends, ostensibly while schooling. PW1 described twicedaily fishing work and pulling nets on the Volta Lake. The High Court held the confession was voluntary and not disproved by Anaglis late retraction in crossexamination, found exploitation proved through abuse of vulnerability, rejected parental consent as a defense under section 1(4), convicted Anagli, and imposed the statutory minimum sentence of five years imprisonment.
JUDGMENT
This appeal is against the Judgment of the Circuit Court, Jasikan delivered 20 May 2022.
By the said judgment, the Circuit Court presided over by His Honour Alfred Kwabena
Asiedu acquitted and discharged the 2
nd Accused, now the Respondent under Section
2(1) and 2(2) of the Human Trafficking Act 2005 (Act 694) as amended by Human
Trafficking Act 2009 (Act 784). Dissatisfied with the said acquittal and discharge, the
Appellant has appealed for redress by this Court.
The Respondent was charged as follows:
STATEMENT OF OFFENCE
Human Trafficking contrary to Section 2(1) of the Human Trafficking Act 2005, (Act 694)
as amended by Human Trafficking (Amendment ) Act 2009 (Act 784).
PARTICULARS OF OFFENCE
Albert Awuku Anagli aged 73 (Fisherman): For that you on or before 20th June, 2021 at
Njare in the Oti Region in the Republic of Ghana and within the jurisdiction of this court
you recruited, transported and harboured Paul Mawunyefia aged 13 for the purpose of
fishing on the Volta Lake.
FACTS
The brief facts of the case as presented by the prosecution are that complainants are Police
officers stationed at Dambai. On 20th June 2021, the Oti Regional CID had intelligence that
the accused persons, Hammond Teye (1st accused) , Albert Awuku Anagli (2
nd Accused
now Respondent herein) and others trafficked the victims and others yet to be rescued
and were exploiting them by engaging them in fishing on the Volta Lake at Njare near
Dambai. They proceeded to the said community and rescued victims Dela Kotoka aged
10, Paul Mawunyefia aged 13 and Vincent Nyungmor aged 16. Dela was found in the
house of 1st accused person whiles Paul was found in the house of Respondent. 1st accused
confirmed he recruited the victims Dela and Vincent through their parents from Dawa in
the Greater Accra Region and Dambai. Respondent affirmed he recruited victim Paul
through his parents Paul Dugbaza and Faustina Dugbaza from Abotoase. The victims
were kept in a shelter.
When the accused persons were arraigned before the trial court, the 1st accused pleaded
guilty to the charge against him and was convicted and sentenced to eight (8) years
imprisonment in hard labour .
The Respondent pleaded not guilty and the case against him proceeded to trial. After the
trial he was acquitted and discharged. It is against this acquittal and discharge that the
Appellant has appealed to this Court.
The grounds of appeal as found in the Notice of Appeal dated 10 Jun