[1978]DLHC165 • March 17, 1978 • High Court
AKOSAH vs. THE REPUBLIC
The appellant was charged with unlawful possession of Indian hemp. The prosecution alleged that Indian hemp was found concealed in cushions and pouffes at the appellant's premises. The appellant contended that he was unaware of the presence of the Indian hemp and that the parcels were delivered to him by a third party, Boyton, without his knowledge of their contents.
read moreJUDGMENT OF AMUA-SEKYI J. [His lordship reviewed the facts as set out in the headnote and continued:] One of the appellant’s main grounds of complaint is that at the close of the case for the prosecution a prima facie case had not been made out against him and that he ought not to have been called upon to put up a defence. Mr. Hayfron-Benjamin, counsel for the Republic, has objected to this ground of appeal. According to him there is no right of appeal against a decision overruling a submission of no case, the choices open to an accused person whose submission is overruled being those set out in the well-known judgment of Kingdon C.J. in R. v. Ajani (1936) 3 W.A.C.A. 3 at p. 7 which I quote: “(a) If at the close of the case for the prosecution his Counsel, if he was represented, made no submission, he can be properly convicted upon evidence subsequently given. and (b) If at the close of the case for the prosecution, he, being unrepresented and probably completely ignorant ...