BOAKYE V. REPUBLIC

ESSIEM JA.

On the 4th day of March 1993, this court allowed the appeal of the appellant and acquitted and discharged the appellant on the charge he faced. The court however reserved the reasons for its decision and I now proceed to give same.

The appellant, at all material times, was the Omanhene of Agona Traditional Area in Ashanti. The prosecution’s case against him was that one Victor Owusu, a prominent citizen of the traditional area and a relation of the appellant, had made a gift of Mercedes Benz Car No GZ 9152 to the Agona Traditional Area for the use of the Omanhene of the area. Subsequently the said car, while being used by the appellant got involved in an accident and, as the evidence at the trial showed, the appellant sold the damaged car but did not pay the income to the coffers of the traditional council.

The defence of the appellant was that the car was never the property of the traditional council but that it was a gift from one Marfo to him personally. The said Marfo hap…