THE REPUBLIC v. THOMAS KOKROKO

JUDGMENT

Accused person was arraigned before this court charged with stealing contrary to

section 124 (1) of criminal offences Act, Act 29 of 1960. Accused pleaded not guilty to

the offence in open court. The summary of the facts are that, the complainant Esinam

Dzeble, a trader of Kpando-Konda while accused, unemployed, stays at Kpando Lorry

Station. On the 06-01-2022 at about 7: 00pm, complainant was parking her goods to go

home after the day’s work. Accused came and stood by complainant’s umbrella stand,

then pulled it down and removed the stand into his sack and was going away with it.

Complainant raised an alarm and accused was arrested and handed over to the police.

Accused denied the offence during investigations but was charged with the offence.

With the not guilty plea to the offence as charged, the prosecution then assumed the

onus of adducing credible evidence to establish the guilt of the accused person beyond

reasonable doubt to secure the conviction of the accused as required under Sections

11 (2) and 13 (1) of the Evidence Act 1975 ( NRCD 323). It was held in YEBOAH AND OTHERS VRS THE REPUBLIC (CONSOLIDATED) (1972) 2 GLR 281 – 293 Per ATA

BADU J (as he then was) that: “the guilt of the accused, must be proven with the degree of

certainty required by law. The accused has no burden on him to prove his innocence. It is the

prosecution which must prove the guilt of the accused”.

The prosecution called two witnesses who filed their witness statements in proving

the offence charged.

Esinam Dzeble tendered her statement into evidence under oath as PW1. She stated

that at about 7:40pm on the 06-01-22 she was packing her umbrellas which she gives

out for rent into her shop. She heard some noise around the shop. She went to check

what was going on and saw people around the accused holding one of her umbrella

stands in his sack with his other belongings. PW1 then asked the accused where the

umbrella was, as there was no umbrella on the stand. Accused then went to show her

where the umbrella was and she went for it. Under cross examination, PW1

maintained that accused stole the said umbrella.

D/Sgt. Amin Ibrahim of Kpando District Police C.I.D. tendered his witness statement

into evidence as PW2 that, this case was referred to him to investigate on the 06-01-22.

PW2 added that PW1 told him of constant theft of her umbrella stands and it was the

accused who stole them all. Accused was arrested by other market women and

hand