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THE REPUBLIC V. TOGBE FIA KOKU III & 7 ORS

JELR 112172 (HC)

High Court  •   •  Ghana

Coram
N. C. A. AGBEVOR. JCA

Appearances
Mr. S. Adatsi for Prosecution Mr. Kpatsa for defence

Judgement
<p style="text-align: center"><strong><u>RULING</u></strong></p><p style="text-align: justify">The instant ruling is in respect of submission of no case by counsel for the accused persons.</p><p style="text-align: justify">The 1st accused person was charged with abetment of crime whilst the 2nd to 5th accused persons were charged with conspiracy to commit crime and also with causing unlawful damage.  </p><p style="text-align: justify">At the close of the prosecutions case, counsel for the accused submitted that there was no case made out for the accused to answer and that accused be acquitted and discharged.</p><p style="text-align: justify">The making of a submission for no case can properly be explained as a privilege or concession granted to defence counsel by the trial Judge for the purpose of obtaining assistance in the interest of justice.  It is not a right by any provision in our Criminal Procedure Code 1960 (Act 3) but the court, in the exercise of its discretion may grant the defence counsel the opportunity to so submit.  See the case <strong>Republic V. Accra Special Court Ex Parte Akosah and Anor. (No. 2) [1977] 2 GLR at 292 </strong>per Taylor J. </p><p style="text-align: justify">In his submission to the trial c…</p>

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