The Rep. Vrs Odu Sule Acquaye [2022] GHACC 59 (10 October 2022)

The Rep. Vrs Odu Sule Acquaye [2022] GHACC 59 (10 October 2022)

The prosecution failed to prove all essential elements of the offence of fraudulent land transaction, particularly that the accused had no title and knew he had no title to the land. Additionally, the accused was improperly charged under a statute not in force at the time of the alleged offence. No prima facie case was established to require the accused to make a defence.

Citation
[2022] GHACC 59
Parties
Prosecution: The Republic; Accused: Odu Sule Acquaye
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 October 2022
Procedural Posture
Criminal / Ruling on Submission of No Case
Outcome
acquittal and discharge
Legal Topics
Fraudulent Land Transaction, Retrospective Application of Statutes, Burden of Proof, Criminal Procedure
Source Language
English
Criminal Law Land Law Fraudulent Land Transaction Retrospective Application of Statutes Burden of Proof Criminal Procedure

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Parties

The Republic

Prosecution

Odu Sule Acquaye

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case

Legal Issues

  1. 1 Whether the prosecution proved all essential elements of fraudulent land transaction under the applicable law
  2. 2 Whether the accused was properly charged under the correct statute given the date of the alleged offence
  3. 3 Whether a prima facie case was established to require the accused to make a defence

Ratio Decidendi

The prosecution failed to prove all essential elements of the offence of fraudulent land transaction, particularly that the accused had no title and knew he had no title to the land. Additionally, the accused was improperly charged under a statute not in force at the time of the alleged offence. No prima facie case was established to require the accused to make a defence.

Court Disposition

acquittal and discharge

Orders

  • Accused is acquitted and discharged forthwith.