Republic Vrs Atitsogbui Selors & 2 Ors [2022] GHACC 228 (3 October 2022)

Republic Vrs Atitsogbui Selors & 2 Ors [2022] GHACC 228 (3 October 2022)

The evidence was evenly balanced and susceptible to two explanations, one consistent with guilt and one with innocence; thus, the prosecution failed to establish a prima facie case against the accused persons, warranting their acquittal.

Citation
[2022] GHACC 228
Parties
Prosecution: The Republic; Accused: Atitsogbui Selorm aka Agbayisa; Accused: Aziedu Bright; Accused: Agbado Moses
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 October 2022
Procedural Posture
Criminal / Judgment After Prosecution's Case, Submission of No Case to Answer
Outcome
acquittal and discharge
Legal Topics
Conspiracy, Defrauding by False Pretences, Burden of Proof, Submission of No Case to Answer
Source Language
English
Criminal Law Conspiracy Defrauding by False Pretences Burden of Proof Submission of No Case to Answer

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Parties

The Republic

Prosecution

Atitsogbui Selorm aka Agbayisa

Accused

Aziedu Bright

Accused

Agbado Moses

Accused

Procedural Posture

Criminal / Judgment After Prosecution's Case, Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of conspiracy to commit defrauding by false pretences and defrauding by false pretences against the accused persons

Ratio Decidendi

The evidence was evenly balanced and susceptible to two explanations, one consistent with guilt and one with innocence; thus, the prosecution failed to establish a prima facie case against the accused persons, warranting their acquittal.

Court Disposition

acquittal and discharge

Orders

  • The accused persons are acquitted and discharged.