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June 12, 2023
CIRCUIT COURT
GHANA
CORAM
RULING ON SUBMISSION OF NO CASE
FACTS:
The accused person was arraigned before this court on 12th July, 2021, on a
charge of stealing contrary to Section 124 of the Criminal Offences Act (1960)
Act 29.
The brief facts presented by the prosecution are that the complainant, David
Angmortey, is a freight forwarder at the Tema Port and the accused person is
a driver resident at Ashaiman. The prosecution asserts that on the 24th day of
February 2021, the complainant cleared a 6”x20” footer container of
galvanized stainless-steel pipes from the Tema Port and the goods were
loaded on the trucks of the accused person and others to cart them to the
warehouse of one Maxwell Asare, the owner of the goods at Taifa, Accra and
Kumasi respectively. According to the prosecution, on reaching the
warehouse in Taifa, the shop attendant detected that the original MAERSK2
Line Seal with number CN6015259 which was used to lock the container had
been replaced with a new seal number 008073. The prosecution states further
that the accused person after delivering the goods at the Taifa Warehouse,
proceeded to Kumasi with the Kumasi bound goods and upon reaching,
Maxwell Asare, the owner of the goods detected that there was a shortage of
776 pieces of the products and he queried the accused person about the
shortage but he could not offer any tangible explanation. He warned the
accused person to return the alleged missing items to his shop. Later, the
accused person allegedly returned 599 pieces of the missing items to the
warehouse at Taifa but could not account for the remaining 177 pieces valued
at GH₡24,000.00.
On 1st March, 2021, a complaint was lodged at the Police Station leading to
the arrest of the accused person who denied the offence and upon
interrogation, he stated that it was his driver’s mate, one Amos, who stole the
items yet he could not assist the police to locate the said driver’s mate to give
his version of the events to explain the shortages. It is further alleged that
during investigations, the accused person led the police to a yard along the
motorway, and showed the police the exact location where the alleged stolen
products were kept and a search was conducted in the area but the remaining
products could not be traced. However, traces of plastic polythene products
used in covering the pipes were seen littered all over the place and these were
photographed. Again, the police also retrieved a copy of the waybill from
MPS ind
AI Generated Summary
Her Honour Agnes Opoku-Barnieh of the Circuit Court ruled on a submission of no case in a prosecution for stealing under section 124(1) of Act 29. The complainant, David Angmortey, a freight forwarder at Tema Port, had cleared containers of galvanized stainless-steel pipes for businessman Maxwell Asare. The accused, a driver known as Wofa Atta, transported consignments to Asare’s warehouses at Taifa (Accra) and Kumasi. At Taifa, the original MAERSK Line seal CN6015259 was found replaced by seal 008073; later, shortages were detected, including 776 pieces missing. The accused subsequently returned 599 pieces but could not account for 177 pieces valued at GH₵24,000. Investigations retrieved photographs of altered seals, pipe bundles, and polythene coverings; the accused blamed his mate “Amos” but could not produce him. Citing section 173 of Act 30 and Supreme Court authorities on “no case” and prima facie standards, the court found a prima facie case and dismissed the no-case submission, directing the accused to open his defence under section 174.