GABA vs. THE REPUBLIC [1986]DLHC914

Date	1986-03-14
Suit No.
Citation No.	[1986]DLHC914

SOWAH C.J.

J. AYIKOI OTOO FOR THE APPELLANT.

MISS WARD-QUANSAH FOR THE REPUBLIC.

[1986]DLHC914
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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GABA<o:p></o:p>

{HIGH COURT, ACCRA} <o:p></o:p>

[1984-86] 1 GLR 694<o:p></o:p>

DATE:
14 MARCH 1986<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

J. AYIKOI OTOO FOR THE APPELLANT.<o:p></o:p>

MISS WARD-QUANSAH FOR THE REPUBLIC.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SOWAH C.J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SOWAH C.J.<o:p></o:p>On 30
January 1986 I allowed the appeal from the ruling of the learned magistrate
sitting at the District Court, Grade I, Lartebiokorshie in which he rejected a
submission of no case to answer by counsel for the appellant on the ground that
a prima facie case had been made against the appellant and consequently called
upon her to make her defence. The appellant appealed from that ruling to the
High Court.<o:p></o:p>The
appellant was charged under section 207 of the Criminal Code, 1960 (Act 29),
which provides:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“207. Any
person who in any public place or at any public meeting uses threatening,
abusive or insulting words or behaviour with intent to provoke a breach of the
peace or whereby a breach of the peace is likely to be occasioned, shall be
guilty of misdemeanour.”<o:p></o:p><o:p>&nbsp;</o:p>The
particulars of offence were given as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Rebecca
Gaba student: For that you on 26 January 1985 at about 10 am at Mataheko in the
Greater Accra Magisterial District and within the jurisdiction of this court,
did behave in a manner with intent to provoke a breach of the peace to wit;
pushing, abusing and brandishing a knife over the head of one Gladys Kotey,
whereby a breach of the peace was likely to be occasioned.”<o:p></o:p><o:p>&nbsp;</o:p>The
evidence led by the prosecution was that the complainant, Miss Gladys Kotey,
lived in the same house with her brother John Kotey and shared a common
kitchen. In the kitchen the complainant’s brother had three shelves and she had
the bottom shelf for her exclusive use. The evidence further showed that there
had been no love lost between brother and sister who were not on speaking
terms. The appellant was a girl-friend of the complainant’s brother and visited
the house during week-ends.<o:p></o:p><o:p>&nbsp;</o:p>On 26
January 1986 the complainant had packed on the bottom shelf eggs and a bottle
of cooking oil. The appellant removed the eggs and the cooking oil and placed
them on the floor. The complainant then returned the items on to the shelf. It
appears this comedy was repeated three times and was followed by exchange of
words. The appellant became abusive and insulting and threatened the complainant
by waving a kitchen knife over her head. There was no doubt that the incident
took place and happened in the common kitchen of the complainant and her
brother. There was also evidence of assault. The complainant reported the
matter to the police in consequence of which the appellant was charged with
conduct conducive to the breach of the peace.<o:p></o:p><o:p>&nbsp;</o:p>At the
close of the case for the prosecution, counsel for the appellant made a
submission of no case. The burden of it was that the incident happened in a
private house, i.e. the kitchen of the Koteys. The learned magistrate rehearsed
the definition of the offence as stated above, held that a prima facie case had
been made and called upon the appellant to enter her defence.<o:p></o:p>