Republic Vrs Enoch Alekpekpe [2023] GHACC 150 (31 January 2023)

Republic Vrs Enoch Alekpekpe [2023] GHACC 150 (31 January 2023)

The prosecution failed to prove the voluntariness of the accused's statements by not calling the alleged independent witness to testify, and the process breached statutory and constitutional requirements regarding language and presence of an independent witness. Therefore, the statements are inadmissible.

Citation
Republic Vrs Enoch Alekpekpe [2023] GHACC 150 (31 January 2023)
Parties
Prosecution: The Republic; Accused: Enoch Alekpekpe
Court
ghacc
Jurisdiction
Ghana
Judgment Date
31 January 2023
Procedural Posture
Criminal / Mini Trial (voir Dire) on Admissibility of Accused's Statements
Outcome
statements inadmissible
Legal Topics
Defilement, Admissibility of Confession, Voluntariness of Statement, Independent Witness Requirement
Source Language
eng
Criminal Law Evidence Law Defilement Admissibility of Confession Voluntariness of Statement Independent Witness Requirement

Case Brief

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Parties

The Republic

Prosecution

Enoch Alekpekpe

Accused

Procedural Posture

Criminal / Mini Trial (voir Dire) on Admissibility of Accused's Statements

Legal Issues

  1. 1 Whether the accused's statements were made voluntarily and are admissible as evidence
  2. 2 Whether the absence of an independent witness renders the statements inadmissible

Ratio Decidendi

The prosecution failed to prove the voluntariness of the accused's statements by not calling the alleged independent witness to testify, and the process breached statutory and constitutional requirements regarding language and presence of an independent witness. Therefore, the statements are inadmissible.

Court Disposition

statements inadmissible

Orders

  • The investigation caution statement and the charge statement of the accused person are inadmissible and are to be marked as rejected (R and R1).