REPUBLIC VRS ALEKPEKPE (D10/27/21) [2024] GHACC 14 (23 January 2024)

REPUBLIC VRS ALEKPEKPE (D10/27/21) [2024] GHACC 14 (23 January 2024)

The prosecution established a prima facie case of defilement by proving the victim was under sixteen, that sexual intercourse occurred, and that the accused was identified as the perpetrator. The evidence was not discredited or manifestly unreliable, warranting the accused to be called upon to open his defence.

Citation
REPUBLIC VRS ALEKPEKPE (D10/27/21) [2024] GHACC 14 (23 January 2024)
Parties
Prosecution: The Republic; Accused: Enoch Alekpekpe
Court
ghacc
Jurisdiction
Ghana
Judgment Date
23 January 2024
Procedural Posture
Criminal / Ruling on Submission of No Case
Outcome
submission of no case dismissed
Legal Topics
Defilement, Sexual Offences Against Children, Submission of No Case, Standard of Proof
Source Language
eng
Criminal Law Child Protection Defilement Sexual Offences Against Children Submission of No Case Standard of Proof

Case Brief

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Parties

The Republic

Prosecution

Enoch Alekpekpe

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case of defilement against the accused to require him to open his defence.

Ratio Decidendi

The prosecution established a prima facie case of defilement by proving the victim was under sixteen, that sexual intercourse occurred, and that the accused was identified as the perpetrator. The evidence was not discredited or manifestly unreliable, warranting the accused to be called upon to open his defence.

Court Disposition

submission of no case dismissed

Orders

  • Accused person to open his defence.
  • Bench warrant to issue for the arrest of the accused person.