GH - THE REPUBLIC VS COURAGE BANI & ORS

The three accused persons stand charged with 10 Counts of offences.

Conspiracy to Commit Crime contrary to Section 23 (1) of Act 29 and Ten (10) Counts of Defrauding by false pretense, contrary to Section 131 of Act 29/60 respectively.

The 1 st accused however, face additional one (1) charge under count 11 Attempt to give bribe to a Police officer contrary to Section 18 & 239 of Act 29/60 as amended by Section 252(2) 2020, Act 1034. The Accused persons, were arraigned before this court on the 26/06/2023 however, all accused persons pleaded not Guilty to each Count of offence.

And by the Not Guilty Plea A1, A2 & A3 put themselves at the foot of the court, and their guilt has to be proved beyond reasonable doubt.

Some of the key responsibilities of the prosecution is to gather and present sufficient and credible evidence to establish the accused person’s guilt.

And ultimately, the prosecution must convince the court that the evidence proves the accused’s guilt beyond reasonable doubt.

Per Article 19(2) (c) of the 1992 constitution it provides thus, “(2) A person charged with a criminal offence shall (c) be presumed to be innocent until he is proved or has pleaded guilty. ”Since the above provision is mandatory, the guilt of the accused persons ought to be proved beyond reasonable doubt and the burden of persuasion on the party alleging a wrong doing has been provided for in Section 13 and 15 of the Evidence Act 1975(NRCD 323). Since it is the prosecution that is alleging, it carries that heavy duty to establish its case satisfactorily and beyond reasonable doubt to secure a conviction.

The accused bear no such duty though he is required to raise reasonable doubt not fanciful.

FACTS OF THIS CASE The brief but relevant facts of the instant case have it that; The three accused persons, Courage Bani (A1), Samuel Ofori (A2) and Bright Dzebu(A3) are all Convicts serving various jail terms at the Ankaful Maximum Security Prison near Cape Coast. The complainants numbering six (6), Delida Antwi a Nurse, Seth Gamor a Businessman, Akorli Bernard Nanor a Banker, Richard Ofori a Businessman and Dominic Anim Twum, Banker are all friends who share common information on WhatsApp platform.

Whilst the sixth complainant is D/C/Insp Everton Kwao a police officer.

It is prosecution’s case that on 17/05/2022, Delida Antwi saw Treasure Land Travel& Tour advertisement running on Passion TV.

The advert was offering opportunity to interested individual to apply for visa to