KWAKU FRIMPONG, KWAME GANGA, KOFI AGYAPONG AKA TROBLE, KWAKU BOATENG AKA E K, KWAKU AGYEKUM, JOSEPH OPOKU AKA CORPORAL, KWAME ABUNUA, YAW FRIMPONG, KWAKU YEBOAH AKA AMATUEAR V. THE REPUBLIC

JUDGMENT

BOAKYE, JA:

INTRODUCTION

Let me preface my judgment with the dictum of Lane CJ in the Canadian case of R v P [MB] [1994] 1 SCR 555 on submission of no case:

“Perhaps the single most important organizing principle in criminal law is the right of the accused not to be forced into assisting in his own prosecution. This means, in effect, that an accused is under no obligation to respond until the state has succeeded in making out a prima facie case against him or her".

My Lords, it would be recalled that effectively on 10th February 2021, Kwaku Frimpong, Kwame Ganga, Kofi Agyapong alias Troble, Kwaku Boateng alias E K, Kwaku Agyekum, Joseph Opoku alias Corporal [deceased], Kwame Abunua, Yaw Frimpong [deceased], hereinafter called accused persons were jointly charged with two [2] counts namely conspiracy to cause harm and causing harm contrary to sections 23[1] and 69 of the Criminal and Other Offences Act 1960 [Act 29]. Kwaku Yeboah alias Amatuear, who was the last accused person was…