BOAKYE vs. REPUBLIC [1993]DLCA4229

Date	1993-03-25
Suit No.
Citation No.	[1993]DLCA4229

ESSIEM JA

ADJABENG JA

LUTTERODT JA

CHARLES AGBANU FOR THE APPELLANT.

ANSON (MRS) CHIEF STATE ATTORNEY (WITH HER WOOD (MRS)

AND NEEQUAYE) FOR THE RESPONDENT.

[1993]DLCA4229
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >BOAKYE<o:p></o:p>vs.<o:p></o:p>REPUBLIC<o:p></o:p>[COURT
OF APPEAL]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

[1993 - 4] 1 GBR&nbsp; 387 – 389&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 25 MARCH 1993<o:p></o:p>

</div>COUNSEL:<o:p></o:p>CHARLES
AGBANU FOR THE APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ANSON
(MRS), CHIEF STATE ATTORNEY, (WITH HER WOOD (MRS) AND NEEQUAYE) FOR THE
RESPONDENT.<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;
padding:0in 0in 1.0pt 0in">

ESSIEM
JA, ADJABENG JA, LUTTERODT JA<o:p></o:p>

</div>ESSIEM
JA. On the 4th day of March 1993, this court allowed the appeal of the
appellant and acquitted and discharged the appellant on the charge he faced.
The court however reserved the reasons for its decision and I now proceed to
give same.<o:p></o:p>The
appellant, at all material times, was the Omanhene of Agona Traditional Area in
Ashanti. The prosecution’s case against him was that one Victor Owusu, a
prominent citizen of the traditional area and a relation of the appellant, had
made a gift of Mercedes Benz Car No GZ 9152 to the Agona Traditional Area for
the use of the Omanhene of the area. Subsequently the said car, while being
used by the appellant got involved in an accident and, as the evidence at the
trial showed, the appellant sold the damaged car but did not pay the income to
the coffers of the traditional council.<o:p></o:p>The
defence of the appellant was that the car was never the property of the
traditional council but that it was a gift from one Marfo to him personally.
The said Marfo happened to be a friend of Mr Victor Owusu through whom the
appellant got to know the said Marfo. Although Mr Victor Owusu gave evidence as
PW7 the said Marfo did not give evidence. It appears he was not in the country
at the time of the trial.<o:p></o:p>The
available evidence shows that the car was registered in the name of the
appellant and the insurance policy on the car was also in the name of appellant
although it is clear from the evidence that the money used for both the
insurance and registration of the car came from PW7, Mr Victor Owusu.<o:p></o:p><o:p>&nbsp;</o:p>I
should here mention that Mr Victor Owusu is a very prominent citizen of this
country, a one-time Attorney-General and Minister of Justice of Ghana; it is
needless to say that he is a leading member of the Ghana Bar. From the evidence
he is also a businessman. The evidence shows, and indeed it is admitted by the
appellant, that Mr Victor Owusu had been very generous to the appellant for,
apart from the car, the subject-matter of the charge, it is established by the
evidence on record that Victor Owusu had at least made available to the
appellant two other cars for his (appellant’s) use.<o:p></o:p>Reading
through the evidence it is apparent that the ownership of the car was the
central issue in this case. The prosecution alleged that the car was the
property of the Agona Stool while the appellant in his evidence before the
court denied this although in an earlier statement to the police in connection
with this case the appellant stated that the car in question was bought for him
by Victor Owusu, PW7. At the trial, he stated:<o:p></o:p>&nbsp;“I was installed as Omanhene of Agona Asante
about 22 years ago. After this my brother Victor Owusu bought me a first car.
This car got spoilt so I informed him and he bought me this car in dispute
registered in my name Nana Kwame Boakye.”<o:p></o:p>See
exhibit K. There is thus an admission by the appellant that the car was bought
by Victor Owusu and not anyone else.<o:p></o:p>The
evidence of the appellant that the car was bought for him by a friend of Victor
Owusu is plainly untrue or at least inconsistent with his statement to the
police.<o:p></o:p>One
significant observation to make is that in his statement the appellant
maintained that the car was bought for him by PW7. He never mentioned that it
was bought for the traditional council. There is however clear evidence on
record that PW7 made a presentation of the car at a durbar. At that durbar the
evidence of the prosecution witnesses suggests that the car was presented not
to the appellant personally but to the Agona state for the use of the occupant
of the stool of Agona.<o:p></o:p>If
this is the case then one is at a loss to appreciate why it was registered by
PW7 in the personal name of the appellant especially as there is evidence that
one car, AF 9475, was both insured and registered in the name of Agona Ashanti
Traditional Council.<o:p></o:p>There
is evidence in exhibit 1 which supports the contention of the appellant that
the car, the subject-matter of the charge, was a gift to the appellant
personally and not to his stool.<o:p></o:p>When
the issue of the ownership of the car cropped up a delegation was sent by the
Agona Traditional Council to ascertain from Victor Owusu who the owner of the
car was. The report of the delegation is contained in exhibit 1. In their
report to the traditional council, they reported through the leader of the
delegation that:<o:p></o:p>“We arrived in Accra on Wednesday 20th
July 1987 at about 3.30 p.m. and met Mr Victor Owusu. After usual exchange of
greetings we told him of our mission. Mr Victor Owusu made it known that he has
also received a copy of such letter and said he was surprised to read that the
car he presented to his brother was for the stool. He said the car was his
personal gift to his brother Yiadom Boakye and not to the Amoampong Stool.”<o:p></o:p>One
of the members of the traditional council present was Nana Pim Owusu-Ansah,
PW5. In exhibit 2 it was the same witness who moved for the acceptance of the
minutes in exhibit 1. Thus the evidence of PW5 at the trial on 16/6/88 is
inconsistent with the main contents of the meeting of the Agona Traditional
Council at which as I have shown the witness was present and took active part
in the proceedings.<o:p></o:p>There
is also the evi</main>