S v Wahab and Another (39/25) [2025] GHADC 110 (30 April 2025)

S v Wahab and Another (39/25) [2025] GHADC 110 (30 April 2025)

Prosecution failed to prove beyond reasonable doubt that both accused persons conspired to commit assault or that the 1st accused assaulted the complainant. However, the 2nd accused admitted to holding the complainant without consent, and prosecution proved beyond reasonable doubt that the 2nd accused committed assault.

Citation
[2025] GHADC 110
Parties
Prosecution: The Republic; 1st Accused: Wahab Abdul; 2nd Accused: Samed Iddrisu
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 April 2025
Case Number
39/25
Procedural Posture
Criminal / Judgment
Outcome
1st accused acquitted and discharged; 2nd accused convicted of assault and case remitted to Juvenile Court for sentencing.
Legal Topics
Assault, Conspiracy, Burden of Proof, Juvenile Justice
Source Language
English

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Parties

The Republic

Prosecution

Wahab Abdul

1st Accused

Samed Iddrisu

2nd Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused persons conspired to commit assault
  2. 2 Whether the accused persons committed assault against the complainant

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that both accused persons conspired to commit assault or that the 1st accused assaulted the complainant. However, the 2nd accused admitted to holding the complainant without consent, and prosecution proved beyond reasonable doubt that the 2nd accused committed assault.

Court Disposition

1st accused acquitted and discharged; 2nd accused convicted of assault and case remitted to Juvenile Court for sentencing.

Orders

  • 1st accused acquitted and discharged on all counts.
  • 2nd accused convicted on count two (assault); case remitted to Juvenile Court for sentencing.