The Republic Vrs Clifford Amolga & 3ors. [2022] GHADC 29 (22 December 2022)

The Republic Vrs Clifford Amolga & 3ors. [2022] GHADC 29 (22 December 2022)

The prosecution failed to establish a prima facie case against the 1st and 2nd Juveniles as the evidence was insufficient, uncorroborated, and did not link the accused to the offences charged. The submission of no case to answer was upheld and the accused discharged.

Citation
[2022] GHADC 29
Parties
Prosecutor: The Republic; 1st Juvenile/accused: Clifford Amolga; 2nd Juvenile/accused: Esther Adongo; Accused (at Large): Benard Fiagbe; Accused (at Large): Kassim Mohammed
Court
District Court
Jurisdiction
Ghana
Judgment Date
22 December 2022
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution's Case
Outcome
Submission of no case to answer upheld; accused discharged
Legal Topics
Defilement, Abetment, Burden of Proof, Submission of No Case
Source Language
English
Criminal Law Juvenile Justice Defilement Abetment Burden of Proof Submission of No Case

Case Brief

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Parties

The Republic

Prosecutor

Clifford Amolga

1st Juvenile/accused

Esther Adongo

2nd Juvenile/accused

Benard Fiagbe

Accused (at Large)

Kassim Mohammed

Accused (at Large)

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of defilement against the 1st Juvenile
  2. 2 Whether the prosecution established a prima facie case of abetment against the 2nd Juvenile

Ratio Decidendi

The prosecution failed to establish a prima facie case against the 1st and 2nd Juveniles as the evidence was insufficient, uncorroborated, and did not link the accused to the offences charged. The submission of no case to answer was upheld and the accused discharged.

Court Disposition

Submission of no case to answer upheld; accused discharged

Orders

  • The 1st and 2nd Juveniles are discharged unconditionally.