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April 25, 2023
CIRCUIT COURT
GHANA
CORAM
RULING ON SUBMISSION OF NO CASE
FACTS:
The accused person was brought before this court on the following charges;
1. Indecent assault contrary to Section 103(2) of the Criminal Offences Act
1960 (Act 29)
2. Indecent assault contrary to Section 103(2) of the criminal offences Act
1960 (Act 29)
3. Threat of death contrary to Section 75 of the Criminal Offences Act 1960
(Act 29)
The brief facts presented by the prosecution are that the complainant, Harriet
Mawuse Ayikwei, is the wife of the accused person. According to the
prosecution, the accused person and the complainant have been married for 12
years with three children, made up of two daughters namely; Dorcas Ayikwei
and Dorinda Ayikwei aged 11, and 7years respectively and a son aged 3 years.
The prosecution states that the family lives in a chamber and hall self-contained
house located within a gated compound where the complainant operates a shop
daily. The prosecution alleges that two years prior to the alleged incident,
Dorinda Ayikwei, the youngest daughter of the accused person complained to
her mother that, the accused person had been inserting his finger into her vagina.
Based on that, the complainant tasked her oldest daughter, Dorcas, to monitor
her little sister. The prosecution alleges that in August 2021, Dorcas caught the
accused person in the act inserting his finger into Dorinda’s vagina. When
Dorinda told the accused that she was going to tell her mother, he pulled a knife
from a drawer in the room and threatened to kill her if she disclosed the incident
to anyone.
The prosecution further alleges that unknown to the complainant, the accused
person was sexually abusing the oldest daughter, Dorcas Ayikwei. On 2nd
August, 2021, Dorcas began to bleed, which alarmed the complainant and upon
questioning her, she confessed to her that on 2nd October, 2021, the accused
person had sexual intercourse with her and also in the month of August 2021.
The alleged victim, Dorcas also told the complainant that the accused person has
had sexual intercourse with her on many occasions when the complainant was
busy at the shop. On 5th October, 2021, when the complainant had left for church, the accused person who was left alone with the children, had sexual bodily
contact with Dorcas twice same night.
Consequently, the complainant lodged a formal complaint with the police and
police medical form was issued to her to send the alleged victims to the hospital
for examinatio
AI Generated Summary
Her Honour Agnes Opoku-Barnieh issued a ruling on a submission of no case in a criminal prosecution alleging indecent assault and threat of death within a family. The complainant, Harriet Mawuse Ayikwei, accused her husband of sexually abusing their daughters, Dorcas (11) and Dorinda (7), and threatening Dorcas with a knife when she attempted to disclose the abuse. The prosecution brought two counts of indecent assault and one of threat of death under Act 29, tendered several exhibits, and relied on Tema General Hospital medical reports which suggested indecent assault but found intact hymens and no injuries. Applying Supreme Court precedent on no-case submissions and the prima facie threshold, the court identified contradictions, implausibilities, and lack of corroboration in the witnesses’ accounts, including living arrangements and reporting delays. Finding the evidence discredited and manifestly unreliable, the court upheld the no-case submission and acquitted and discharged the accused on all counts.