REPUBLIC VRS FROKO (B6/08/2024) [2023] GHACC 1152 (12 December 2023)
The investigative caution statement was not obtained in the presence of a qualified independent witness as required by law, rendering it inadmissible. Without this evidence, the prosecution failed to prove the offence of defilement beyond reasonable doubt, necessitating the acquittal of the accused.
- Citation
- [2023] GHACC 1152
- Parties
- Prosecution: The Republic; Accused: Abdul Ganiyu Froko
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 12 December 2023
- Case Number
- B6/08/2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal
- Legal Topics
- Defilement, Admissibility of Confession Statements, Independent Witness, Evidence Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Abdul Ganiyu Froko
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the investigative caution statement was properly procured and admissible as evidence
- 2 Whether the prosecution proved the offence of defilement beyond reasonable doubt
Ratio Decidendi
The investigative caution statement was not obtained in the presence of a qualified independent witness as required by law, rendering it inadmissible. Without this evidence, the prosecution failed to prove the offence of defilement beyond reasonable doubt, necessitating the acquittal of the accused.
Court Disposition
acquittal
Orders
- Exhibit 'A' (the investigative caution statement) is expunged from the record as inadmissible.
- The accused is acquitted and discharged.
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