THE REPUBLIC vs ERNEST DZITOR & ORS

This ruling is for the determination of the establishment of a prima facie by the Prosecution against the Accused persons named herein. At completion of the Prosecution’s case on the 24th October 2024 and on that day, all Accused persons or their counsel were directed to file their Submissions of No Case on or before the 29th November 2024 and for the Republic’s counsel to respond within two (2) weeks upon being served with same.

Subsequently, on the 13th February 2025, none of the counsel for the Accused had filed any submissions. With plea from the Accused persons to be granted another opportunity, another chance was granted for submissions to be filed on or before 28th February 2025. Submissions were filed on behalf of 2nd Accused on the 25th February 2025 and on behalf of 6th Accused on the 27th February 2025. The submissions on behalf 1st, 3rd, 4th and 5th Accused was however filed on the 10th March 2025.

Having failed twice to file within time, the submissions on behalf of the 1st, 3rd, 4th and 5th Accused filed out of time was not considered by the Court for the determination of this ruling. Be that as it may, this Court will go ahead suo motu to make the determination of a prima facie case as is required of it under Section 173 of Act 30. I have considered the submissions on behalf of the 2nd Accused and 6th Accused and do appreciate the effort of counsel to aid the Court in the determination of this ruling.

THE CHARGES AGAINST THE ACCUSED PERSONS

The Prosecution per a substituted charge sheet filed on the 20th October 2021, charged all six (6) Accused under counts 1, 4, 5, 7, 8 and 10 for the offence of:

1. Being a Member of a Prohibited Organization contrary to Section 2 (1) of the Prohibited Organization’s Act, 1976 (SMCD 20).

All Accused were said to have been members of various prohibited organizations between 2018 and 2020. A1, A3 and A5 were also charged under counts 2, 6, and 8 respectively for attending meetings of a Prohibited Organization. A1 within the periods 2018-2020, 2018-2020 for A3 and 2017-2020 for A5. There were charges were:

1. Attending Meetings of a Prohibited Organization contrary to Section 2 (1) (b) of SMCD 20.

Under count three (3), A1 alone was charged with the offence of

1. Participating in the Campaign of a Prohibited organization for the period 2019.

THE FACTS OF THE CASE

The facts as provided by the Prosecution is that some prohibited Organizations known as Western Togoland Re