[2017]DLCA4659 • March 30, 2017 • Court of Appeal
THE REPUBLIC vs. ALEXANDER KOFI TWENEBOA
GYAESAYOR, JA This is an appeal against the decision of the High Court, Accra dated 12th day of January, 2016 overruling a submission of no case before the court. It must be stated that the Attorney General’s Department was not represented. Although served with the written submissions of appellant they failed to file an answer. Nonetheless, we shall proceed to hear the appeal without their input. The appellant, in this interlocutory appeal is a businessman, who was arrested and charged with operating an illegal communication system without lawful authority contrary to Section 73(1) (B) of Act 775 of 2008. Appellant was also charged with possessing one sim box device with 16 slotted sim cards and accessories. He pleaded not guilty to the charges and the prosecution was therefore bound to call witnesses in proof of the charges according to law. Consequently, the prosecution called a number of policemen who effected his arrest. They also collected a statement from the appellant. A.....