GH - THE REPUBLIC v. MAWULI LAWOEKPOR KOKA AND HOESE GEYEVU

JUDGMENT

Before this Court is an appeal by the 2nd Accused/Appellant herein against the

Judgment of the Circuit Court, Keta, presided over by His Honour Justice Kwame

Polley Esquire delivered on 30th July, 2012. By the said judgment, the 2nd

Accused/Appellant herein was found guilty and convicted on all the three (3) charges

preferred against him and was sentenced to six (6) years in hard labour (IHL) on each

count, to run concurrently.

Aggrieved with the aforesaid judgment, conviction and sentence, the 2nd

Accused/Appellant caused Notice and Grounds of Appeal to be filed on his behalf of

the 13th day of September, 2021.

Grounds of Appeal

(1) The judgment is against the weight of evidence adduced at the trial.

(2) The learned trial judge failed to avert or adequately avert his following

relief: - That the conviction and sentence by the Court below be set aside by

the High Court and be replaced with an acquittal and discharge.

The facts of the case as presented by the 2nd Accused/Appellant (Appellant) are as

follows: - The Appellant is an alcoholic beverage seller and also a disk jockey or spinner

who lives in Vui, Keta. On the 28th day of October 2014, an intimate friend of his,

Mawuli Lawoekpor Koka, the 1st Accused, who is a taxi driver, who also lives at Vui,

Keta came to the Appellant’s house and informed him that he was going to Anloga to

do some repair work on his vehicle. The Appellant decided to join him since he needed

to buy some alcoholic beverages at Anloga. There was a travelling bag and a fertilizer

sack at the back seat but the Appellant says he did not ask the 1st Accused about the

said items. On their way to Anloga, the Police on duty at the barrier, near the Palace

of the Awormefia of the Anlo State, signaled the 1st Accused to stop the taxi and park.

He did it. The Police after examining the car documents told him that the documents

had expired. After some discussion with the Police when it became clear that the car

would not be released, the Appellant told the 1st

Accused that he was going to Anloga to buy the drinks for his drinking spot and left.

On his return, since he did not see the 1st Accused and his taxi at the Police barrier, he

went home. Whilst at home, the Assemblyman invited him to go with him to the Keta

Police Station where he was arrested. He was questioned about the contents of the

travelling bag and fertilizer sack which were at the back seat of the 1st Accused’s taxi.

He told the Polic