REPUBLIC VRS NANA ADU PAAKO II (B3/78/2022) [2024] GHACC 318 (17 October 2024)

REPUBLIC VRS NANA ADU PAAKO II (B3/78/2022) [2024] GHACC 318 (17 October 2024)

Prosecution established a prima facie case of abetment of causing harm against A1, and of conspiracy, causing harm, and forcible entry against A2 and A5, based on credible witness testimony and corroborating evidence. Prosecution failed to establish a prima facie case of causing unlawful damage due to insufficient evidence regarding the alleged damage to the complainant's car. Prosecution also failed to establish that A3 and A4 participated in or conspired to commit the offences, as there was no direct evidence of their involvement.

Citation
REPUBLIC VRS NANA ADU PAAKO II (B3/78/2022) [2024] GHACC 318 (17 October 2024)
Parties
Prosecution: The Republic; Accused: Nana Adu Paako II; Accused: Samuel Michael Mireku; Accused: Nana Kwabena Agyapong; Accused: Nana Amankwah Poku; Accused: Talanta Adam; Accused: Hamidu Tiro; Accused: Kwame Fosu; Accused: Kwaku Agyapong; Accused: Kwame Acheampong; Accused: Kwadwo Mbolapoa; Accused: Kwame Cosmos; Accused: 20 Others at Large
Court
ghacc
Jurisdiction
Ghana
Judgment Date
17 October 2024
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Submission of no case succeeds in part. A3 and A4 acquitted and discharged on all counts. A1 acquitted and discharged on count two, to open defence on count one. A2 and A5 acquitted and discharged on counts five and six, to open defence on counts three, four, and seven.
Legal Topics
Abetment, Causing Harm, Unlawful Damage, Conspiracy, Forcible Entry, Burden of Proof, Submission of No Case
Source Language
eng
Criminal Law Abetment Causing Harm Unlawful Damage Conspiracy Forcible Entry Burden of Proof Submission of No Case

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Parties

The Republic

Prosecution

Nana Adu Paako II

Accused

Samuel Michael Mireku

Accused

Nana Kwabena Agyapong

Accused

Nana Amankwah Poku

Accused

Talanta Adam

Accused

Hamidu Tiro

Accused

Kwame Fosu

Accused

Kwaku Agyapong

Accused

Kwame Acheampong

Accused

Kwadwo Mbolapoa

Accused

Kwame Cosmos

Accused

20 Others at Large

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether prosecution established a prima facie case for abetment of causing harm against A1
  2. 2 Whether prosecution established a prima facie case for abetment of causing unlawful damage against A1
  3. 3 Whether prosecution established a prima facie case for conspiracy, causing harm, unlawful damage, and forcible entry against A2, A3, A4, A5

Ratio Decidendi

Prosecution established a prima facie case of abetment of causing harm against A1, and of conspiracy, causing harm, and forcible entry against A2 and A5, based on credible witness testimony and corroborating evidence. Prosecution failed to establish a prima facie case of causing unlawful damage due to insufficient evidence regarding the alleged damage to the complainant's car. Prosecution also failed to establish that A3 and A4 participated in or conspired to commit the offences, as there was no direct evidence of their involvement.

Court Disposition

Submission of no case succeeds in part. A3 and A4 acquitted and discharged on all counts. A1 acquitted and discharged on count two, to open defence on count one. A2 and A5 acquitted and discharged on counts five and six, to open defence on counts three, four, and seven.

Orders

  • A1 to file witness statement for defence on count one.
  • A2 and A5 to file witness statements for defence on counts three, four, and seven.