REPUBLIC VRS BARIKI & 2 OTHERS AT LARGE (B1/16/2024) [2023] GHACC 1161 (23 October 2023)

REPUBLIC VRS BARIKI & 2 OTHERS AT LARGE (B1/16/2024) [2023] GHACC 1161 (23 October 2023)

Prosecution failed to prove unlawful entry as no evidence was adduced on how the accused entered the premises. On the charge of stealing, the accused's explanation that the motorbike was given to him by others to repair raised reasonable doubt, and the prosecution did not disprove this. The accused was found not guilty on both counts.

Citation
[2023] GHACC 1161
Parties
Prosecution: The Republic; Accused: Sumaila Bariki; Accused (at Large): Saliu Alahe; Accused (at Large): Alawai
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
23 October 2023
Case Number
B1/16/2024
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Unlawful Entry, Stealing, Burden of Proof, Presumption of Innocence
Source Language
English
Criminal Law Unlawful Entry Stealing Burden of Proof Presumption of Innocence

Case Brief

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Parties

The Republic

Prosecution

Sumaila Bariki

Accused

Saliu Alahe

Accused (at Large)

Alawai

Accused (at Large)

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully entered the complainant's premises
  2. 2 Whether the accused dishonestly appropriated the complainant's motorbike

Ratio Decidendi

Prosecution failed to prove unlawful entry as no evidence was adduced on how the accused entered the premises. On the charge of stealing, the accused's explanation that the motorbike was given to him by others to repair raised reasonable doubt, and the prosecution did not disprove this. The accused was found not guilty on both counts.

Court Disposition

acquittal and discharge

Orders

  • Accused acquitted and discharged on both counts
  • Motorbike to be returned to the complainant (PW1)