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JUDGMENT
J U D G M E N T
INTRODUCTION:
The accused person, Kofi Klutse alias Wonderful Tiger, was charged with the offence of
unlawful use of human parts contrary to section 69(B)(b) of the Criminal Offences Act,
1960 (Act 29) as amended by the Criminal Offences (Amendment) Act, 2012 (Act 849).
The said law provides as follows:
“A person who without lawful authority, the proof of which lies on that person, …
(b) is in possession of human parts; …commits a second degree felony and
is liable on summary conviction to a term of imprisonment of not less than five
years and not more than twenty-five years”.
The accused was arraigned before this court on 28th October 2021 on the allegation that
sometime in the months of May and June 2021 at Sokode in the Volta Region of the Republic of Ghana did have in his possession human parts to wit human bones without
lawful authority and transported the human bones from Sokode through Ziope-Tumor
to Abor, all in the Volta Region.
FACTS PRESENTED BY THE PROSECUTION IN SUPPORT OF THE CHARGE:
The facts presented by the prosecution in support of the case were that the police at Akatsi
received a report from Torgbui Soku, a resident of Akatsi-Kpotame, that his son, Francis
Soku, was missing and that he has been missing since 30 April 2020 together with his
motorbike. According to the alleged facts, police investigations revealed that the accused
had been captured on an MTN itemized bill to have communicated with Francis Soku
(hereinafter described as the “missing person”) on the day the missing person got missing
and that both the accused and the missing person were at Sokode together that day. The
prosecution further alleged that the investigations further revealed that the missing
person had received a text message at about 11:12:05 am at Sokode and that that time was
contemporaneous both in real time and space with when the accused received a voice call
at 11:12:53 am. According to the facts, the location showed that both the missing person
and the accused received the text message and voice call respectively at Sokode per the
itemized bill received from MTN. However, the missing person has since not been found.
Sometime in or about the month of May 2020 at Sokode, the accused had in his possession
some human bones which he exhumed from a place at Sokode with the assistance of one
Godfred Petetsi and transported the said human bones in a fertilizer bag on a motorbike
from Sokode through Ziope-Tumor to Ak