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December 15, 2022
CIRCUIT COURT
GHANA
CORAM
The accused person was charged with Possession of Forged Currency contrary to section 18 (1) of Currency, 1964 (ACT 242).
Section173, Criminal Procedure Code, 1960 (Act 30), states:
“Where at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the accused sufficiently to require the accused to make a defence, the court shall, as to that particular charge, acquit the accused”.
In the case of THE STATE VRS ALI KASSENA [1962] 1 GLR 144, SC and APALOO VRS THE REPUBLIC (1975) 1 GLR 156-192 at 174, the court stated and restated the test for making a submission of no case as follows:
a) When there has been no evidence to prove an essential element in the crime charged; or
b) When the evidence adduced by the Prosecution has been so discredited as a result of cross-examination or is so manifestly unreliable that no reasonable tribunal could safely convict upon it”.
The court is therefore mandated to establish a prima facie case against the accused person at the end of prosecution’s case before he can be called upon to open his defence. ‘Prima facie evidence’ is explained by Appau, J.A (as he then was) in the case of Kwabena Amaning @ Tagor vrs The Republic [2009] 23 MLRG 78 C.A @ pages 129-130 as:
“…nothing other than evidence that can lead to the conviction of accused if the accused leads no evidence to rebut the presumptions raised in it. The standard required in establishing a prima facie case is therefore not lesser than the standard required in establishing or proving a case beyond reasonable doubt. The two mean almost the same though different yardsticks are applied in determining them since they are used at various stages of the trial. Prima facie evidence is evidence which on its face or first appearance, without more, could lead to conviction if the accused fails to give reasonable explanation to rebut it. It is evidence that the prosecution is obliged to lead if it hopes to secure conviction of the person charged”.
At the end of prosecution’s case, counsel for accused has filed a submission of no case dated 28th November, 2022 urging the court to acquit and discharge the accused person on the ground that prosecution has failed to establish a prima facie case against him.
Before the court can determine same, the court has to evaluate the facts of the case and evidence adduced by the prosecution in line with the established principles of law.
THE FACTS OF THE CASE AS PRESENTED BY PROS
AI Generated Summary
This Circuit Court judgment by H/H Adelaide Abui Keddey concerns a charge of possession of forged currency under section 18(1) of the Currency Act, 1964 (Act 242). The prosecution alleged that on 30 July 2020 the accused gave GHC 2,000 in fifty-cedi notes to Francis Gadzi to buy a Bosch battery and a Mazda front cut at Abossey Okai. Samir Engineering Company staff suspected the notes were fake and involved Kaneshie Police. Bank of Ghana confirmed the notes were imitations. The accused said the cash came from a customer and business partner, Ebiamor of Takoradi. Prosecution called PW1 and PW2 and tendered exhibits but did not call Gadzi despite filing his witness statement. On a submission of no case to answer, the court applied section 173 of Act 30 and authorities (Ali Kassena, Apaloo, Tsikata, Tagor), found gaps, inconsistencies and discredited evidence, held no prima facie case was made, and acquitted and discharged the accused.