Republic Vrs Asamoah and 7 Others (99/2022) [2023] GHACC 908 (13 October 2023)

Republic Vrs Asamoah and 7 Others (99/2022) [2023] GHACC 908 (13 October 2023)

The evidence did not establish complicity of the 2nd and 3rd accused in the conspiracy or defrauding by false pretences, but a prima facie case was made against the 1st and 4th accused, requiring them to open their defence.

Citation
[2023] GHACC 908
Parties
Prosecution: The Republic; 1st Accused: Williams Asamoah; 2nd Accused: Evans Opoku; 3rd Accused: Polycarp Appenteng; 4th Accused: Daniel Kyeremeh; Accused: 5 others at large
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 October 2023
Case Number
99/2022
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
2nd and 3rd accused acquitted and discharged; 1st and 4th accused to open their defence
Legal Topics
Conspiracy, Defrauding by False Pretences, Submission of No Case to Answer
Source Language
English
Criminal Law Conspiracy Defrauding by False Pretences Submission of No Case to Answer

Case Brief

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Parties

The Republic

Prosecution

Williams Asamoah

1st Accused

Evans Opoku

2nd Accused

Polycarp Appenteng

3rd Accused

Daniel Kyeremeh

4th Accused

5 others at large

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused persons for conspiracy and defrauding by false pretences
  2. 2 Whether the 2nd and 3rd accused persons should be required to open their defence

Ratio Decidendi

The evidence did not establish complicity of the 2nd and 3rd accused in the conspiracy or defrauding by false pretences, but a prima facie case was made against the 1st and 4th accused, requiring them to open their defence.

Court Disposition

2nd and 3rd accused acquitted and discharged; 1st and 4th accused to open their defence

Orders

  • 2nd and 3rd accused acquitted and discharged on both counts
  • 1st and 4th accused to open their defence