THE REPUBLIC v. SAFOHENE NANA AKAI

JUDGMENT

There were initially four charges leveled against the accused person all emanating from

a series of transactions that took place in the year 2017. The accused, described as the

secretary to the Nkum number 4 Asafo Company of Cape Coast and an accountant,

accused was charged with defrauding by false pretenses the complainant of the amount

of GH¢125,000 by claiming he could sell eight plots of land to her when he knew he

could not do so. He is also charged with unlawful sale of public land, grant of land

without title and grant of land without authority. At the close of the prosecution’s case,

I acquitted and discharged the accused of the count of defrauding by false pretense.

With the acquittal and discharge of the accused on the first count, prosecution had to

lead evidence on the other charges, that the accused person sold a public land, that he

had no title to sell the land and that he had no authority to sell the land belonging toRev. William Porter. If the accused is able to show that he had the title and authority to

sell the lands and that it was not public land, the case of the prosecution fails.

Section 11(2) of the Evidence Act, 1975, NRCD 323 provides that prosecution in a

criminal action, must prove the guilt of an accused person beyond reasonable doubt in

order to secure a conviction. This means the prosecution has the burden to lead

sufficient admissible evidence, such that on an assessment of the totality of the evidence

adduced in court, including the evidence led by the accused person, the court would

believe beyond a reasonable doubt that the offence has been committed and that it is the

accused who committed it. See Asante v The Republic (J3/7/2013) [2017] GHASC 3 (26

January 2017);

The burden on prosecutions stated above, requires proof beyond reasonable doubt. In

section 13 of Evidence Act, it is provided that

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.

Proof beyond reasonable doubt requires prosecution to present such evidence to lead to

the conclusion beyond any fanciful doubt that the accused committed the offence. There

are three mains issues arising from the case against prosecution

a. Whether or not the accused person sold public land to the complainant

b. Whether accused person sold land without title

c. Whether accused person sold land without authority.

Unla