THE REPUBLIC vs. NANA ASEIDU AGYEMANG II & 3 OTHERS EX PARTE: NANA AMMA FREMPONG AND ANOTHER

SAEED K. GYAN, J.A In the case of the Republic v. High Court, Kumasi; Ex Parte Atumfuwa and Another (2000) SCGLR 72, at page 78, Hayfron-Benjamin, JSC affirmed the settled principle of law when he declared as follows: “The principle, as clearly laid down in civil matters, is that the Plaintiff or applicant must lose where no evidence is led by either party; for, it is the Plaintiff or the applicant who is seeking relief from the Court or tribunal.” This is obviously in accord with the provisions of the evidence Act, 1975 (NRCD 323). It is however trite that the burden on the prosecution in a criminal matter is so much higher and more onerous. Thus Section 11 of the Evidence Act, 1975 provides as follows: 1) For the purposes of this Act, the burden of producing evidence means the obligation of a party to introduce sufficient evidence to avoid a ruling on the issue against that party. 2) In a criminal action, the burden of producing evidence, when it is on the prosecuti...