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June 3, 2025
HIGH COURT
GHANA
CORAM
The accused person and one another were committed to stand trial before this court. The accused person herein as A1 was charged with the offence of abetment of crime namely murder contrary to Section 20(1) of the Criminal Offences Act 1960, (Act 29) while the A2 Ebenezer Benyin was charged with the offence of murder contrary to Section 46 of the Criminal Offences Act, 1960, Act 29. The A2 in the course of the trial negotiated with the prosecution and pleaded guilty to manslaughter and since he was a juvenile, he was sentenced to three (3) years IHL.
This court commenced the trial against the A1 by empaneling the jury and at the close of the case of the prosecution on the 23rd of May 2025, counsel of the accused person submitted to the court that the prosecution has failed to prove a prima facie case against the accused person of which the accused could be lawfully convicted on the indictment on which the accused is being tried.
The brief facts as given by the prosecution in the opening address was that the deceased, Philip Kwame Oduro Acquaye was a National Security Operative attached to the Tema Port. The first accused person Kojo Nyarko alias Joe was the cousin of the deceased and was an unemployed person who lived at Mankessim. The 2nd accused, Ebenzer Benyin alias Abeiku, now a convict, was a friend of the 1st accused. Three months before the incident that led to the death of the deceased, the 1st accused went to the deceased at his workplace in Tema to ask for his help in getting employment. The deceased told him that he could not help him get a white-collar job because he was not educated. He suggested instead that he had a farm at Agona Amanfrom No. 2 near Mankrong in the Central Region and so if he did not mind he could work on the farm for him. The 1st accused accepted the offer and moved to stay in the farmhouse with his wife and the 2nd accused whom he invited without the knowledge of the deceased.
When the deceased became aware that the 2nd accused was also on the farm he asked them to leave but they refused. Eventually the matter was resolved by Madam Elizabeth Owusu, the deceased’s landlady with whom he stayed whenever he went to the village.
On 21st June 2014, the deceased visited the farm and stayed in the house of Madam Elizabeth Owusu at Amanfrom. On 22nd June 2014, after the deceased had trained with a local football team, he decided to study at the farm. While at the farm, the deceased asked the 1st accused if
AI Generated Summary
At the Ghana High Court, Her Ladyship Justice Mary M. E. Yanzuh presided over the jury trial of Kojo Nyarko (A1) for abetment of murder relating to the death of his cousin, Philip Kwame Oduro Acquaye, a National Security operative attached to the Tema Port. After a workplace discussion led to farm work, a dispute over unpaid wages escalated on June 22, 2014. While Nyarko and Acquaye tussled, Nyarko’s friend, juvenile Ebenezer Benyin (A2), struck Acquaye with a fufu pestle; Nyarko and Benyin buried the body in a shallow grave. The autopsy found a fractured larynx and blunt trauma to the anterior neck, contradicting the “back of neck” narrative. Relying largely on the accuseds’ caution and charge statements, the prosecution failed to show any contemporaneous act or intent by Nyarko to aid the killing. Applying section 271 of Act 30 and settled authorities, the court held no prima facie case, directed a not-guilty verdict, and acquitted and discharged Nyarko.