REPUBLIC VRS FIDAWSU MOHAMMED & ANOR. (D4/93/2020) [2022] GHACC 352 (12 October 2022)

REPUBLIC VRS FIDAWSU MOHAMMED & ANOR. (D4/93/2020) [2022] GHACC 352 (12 October 2022)

The prosecution failed to establish essential elements of the offence of abetment against the second accused, as required by law, and did not present sufficient evidence to warrant a defence. Suspicion alone is not enough for conviction.

Citation
[2022] GHACC 352
Parties
Prosecution: The Republic; Accused: Fidawsu Mohammmmed; Accused: Ahianyo Kwaku Godfred
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
12 October 2022
Case Number
D4/93/2020
Procedural Posture
Criminal / Ruling on Submission of No Case
Outcome
acquittal
Legal Topics
Abetment of Crime, Burden of Proof, Submission of No Case
Source Language
English
Criminal Law Abetment of Crime Burden of Proof Submission of No Case

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Parties

The Republic

Prosecution

Fidawsu Mohammmmed

Accused

Ahianyo Kwaku Godfred

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of abetment against the second accused
  2. 2 Whether circumstantial evidence adduced was sufficient to require the accused to make a defence

Ratio Decidendi

The prosecution failed to establish essential elements of the offence of abetment against the second accused, as required by law, and did not present sufficient evidence to warrant a defence. Suspicion alone is not enough for conviction.

Court Disposition

acquittal

Orders

  • The application of submission of no case is granted.
  • The second accused is acquitted on the charge of abetment.