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June 20, 2025
HIGH COURT
GHANA
CORAM
The accused person/appellant herein was arraigned before the Circuit Court Accra on the following charges:
COUNT ONE: forgery of other documents contrary to Section 159 of the Criminal Offences Act 1960 (Act 29)
COUNT TWO: Uttering forged document contrary to Section 169 of the Criminal Offences Act 1960 (Act 29)
COUNT THREE: Possessing forged document contrary to Section 166 of the Criminal Offences Act 1960 (Act 29)
COUNT FOUR: Stealing contrary to sections 124(1) of the Criminal Offences Act 1960 (Act 29).
At the close of the case of the prosecution on the 21st of July 2023, counsel for the accused person prayed to the court to file a submission of no case for the accused person. On the 15th of October 2024 the Circuit Court trial judge ruled that the prosecution has been able to prove a prima facie case against the accused person requiring him to open his defence. It is against this ruling that the instant appeal was filed on the 28th day of October 2024 seeking the ruling of the trial circuit court to be set aside and an order for the accused person to be acquitted and discharged.
The complainant in this case, Eleanor Quist is a retiree resident at Osu, Accra. Accused Johnny Heman-Mawusi is an electrical technician resident at Mataheko, Accra. In the early 2000s, accused stayed with the late Paulina Quist who was the head of Quist family and was in charge of family properties including a house and other landed properties at Tudu, Accra. The Accused whilst staying with Paulina Quist gave her a helping hand in the house. In the year 2004, the late Paulina Quist rented out a house at Tudu to a Nigerian called Sunday Chukwurah for his business. Since the deceased was old, complainant Eleanor Quist was collecting the rent for her. Paulina Quist died on 24th March 2011 and after her final funeral rites, complainant Eleanor Quist discovered an Agreement Receipt dated 9th April 2009 with face value of GH¢24,800.00 prepared by the accused purported to have been signed by the late Paulina Quist and witnessed by Samuel Nartey. The Agreement Receipt indicated that accused handed over cash of GH¢24,800.00 to the deceased as rent advance for a period of ten years with effect from 1st January 2008.
On 27th March 2012, witness Emmanuel Bannor a family member became suspicious of the signature of the deceased on the Agreement Receipt and petitioned Director - General/CID. The deceased's pension identity card which contained her authentic
AI Generated Summary
Johnny Heman‑Mawusi, an electrical technician from Mataheko, appealed a Circuit Court ruling that required him to open his defence on charges of forgery, uttering a forged document, possession of a forged document, and stealing arising from a tenancy transaction involving Quist family property at Tudu, Accra. After the death of family matriarch Paulina Quist, Eleanor Quist discovered a 9 April 2009 receipt for GH¢24,800 purportedly evidencing ten‑year rent advance from Sunny Cargo, signed by Paulina and witnessed by Samuel Nartei. The Police Forensic Laboratory reported forged signatures, but the expert did not testify and the report was tendered through an investigator who could not interpret it under cross‑examination. Johnny admitted preparing the receipt but denied forgery. Applying prima facie standards and rules on expert testimony, the High Court (Justice Mary M.E. Yanzuh) found material contradictions and reliance on suspicion, and concluded the prosecution had not supported essential elements of forgery, uttering, possession, or stealing. The appeal was allowed, the no‑case ruling set aside, and Johnny was acquitted and discharged.