YEBOAH AND ANOTHER vs. THE REPUBLIC

JUDGMENT OF GBADEGBE J Gbadegbe J delivered the first judgment at the invitation of Ofori-Boateng JA. On 3 September 1996, the appellants were arraigned before the Circuit Tribunal, Kumasi on a single count of causing unlawful damage. The particulars of the offence laid under section 172 of the Criminal Code, 1960 (Act 29) were that: “. . . For that you on 21 January 1996 at Abrefo in the Ashanti circuit and within the jurisdiction of this court, did unlawfully cause damage to a building plot being the property of one Akwasi Afriyie.” Upon their arraignment the appellants pleaded not guilty whereupon the case proceeded to a trial. The prosecution tendered its evidence and at the end of its case, learned counsel for the appellant submitted that there was no case to answer, which submission not having found favour with the trial court was overruled and the appellants called upon to enter into their defence. Following the said ruling of the trial court, the appellants claiming t...