THE REPUBLIC v. MAKAN DANYURI, KWAME DANYURI, ALHASSAN TIBRISOA, ALHASSAN MOHAMMED AND BABA TAMPURI

JUDGEMENT

INTRODUCTION

The Accused persons were arraigned before the Court on 24th August 2022 charged with two

counts:

a) Conspiracy to commit a crime to wit assault: contrary to section 23(1) of the Criminal

Offences Act 1960 (Act 29) and

b) Assault: contrary to section 84 of the Criminal Offence Act 1960 (Act 29).

PLEA OF THE ACCUSED PERSONS

The charges against each accused person as stated in the charge sheet were read to them

individually in the Mampruli language, the language of their choice and they all appeared to

understand the same. Thereafter, A1, A2 and A5 pleaded Guilty, and they were accordingly

convicted on the two counts and duly sentenced. A3 and A4 however pleaded Not Guilty to the

charges against them.

BURDEN OF PROOF:

Considering that A3 and A4 pleaded not guilty to the charges against them, the burden of proof is

therefore on the prosecution to prove their guilt. The burden of proof and how it can be discharged

by the prosecution to secure a conviction of the Accused persons is elaborated below.

Article 19(1) and (2) (c) of the 1992 Constitution of the Republic of Ghana stipulates that:

19. Fair Trial

“1. A person charged with a criminal offence shall be given a fair hearing within a reasonable time

by a court.

2. A person charged with a criminal offence shall

c. be presumed to be innocent until he is proved or has pleaded guilty;”

Sections 11(1) (2) and (3), 13(1) and (2) and 15 (1) of the Evidence Act, 1975 (N.R.C.D. 323) have

well settled the evidential and the persuasive burden that the law casts on Prosecution in a criminal

matter. It provides as follows:

Burden of producing evidence

11. (1) For the purposes of this Act, the burden of producing evidence means the obligation of a

party to introduce sufficient evidence to avoid a ruling on the issue against that party.

(2) In a criminal action, the burden of producing evidence, when it is on the prosecution as to

a fact which is essential to guilt, requires the prosecution to produce sufficient evidence

so that on the totality of the evidence a reasonable mind could find the existence of the

fact beyond a reasonable doubt.

Proof of a crime

13. (1) In a civil or criminal action, the burden of persuasion as to the commission by a party

of a crime which is directly in issue requires proof beyond a reasonable doubt.

(2) Except as provided in section 15 (c), in a criminal action, the burden of persuasion, when

it is on the accused as to a fact the