ISA vs. THE REPUBLIC [2002]DLCA1198

Date	2002-06-25
Suit No.
Citation No.	[2002]DLCA1198

BROBBEY JA

BADDOO JA

AMONOO-MONNEY JA

AMBROSE DERY FOR THE APPELLANT.

OSAFO SAMPONG DIRECTOR OF PUBLIC PROSECUTIONS FOR THE REPUBLIC.

[2002]DLCA1198
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ISA<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">THE REPUBLIC<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>[2001-2002]
2 GLR 298<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">

</div>COUNSEL:<o:p></o:p>AMBROSE
DERY 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">

OSAFO
SAMPONG, DIRECTOR OF PUBLIC PROSECUTIONS, FOR THE REPUBLIC. <o:p></o:p>

BROBBEY,
BADDOO AND AMONOO-MONNEY JJA<o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Brobbey JA. <o:p></o:p>The
judgment in this case has been composed by three separate opinions of the
members of the panel who heard the case. In substance each of us deals with
separate aspects of the case in detail. We have adopted this method in order to
avoid repetitions and duplications. Any of us may comment on the other issues
as well. Those comments and the detailed considerations should be read together
before the full import of the ratio decidendi on each issue will be
appreciated.<o:p></o:p>The
various aspects of the case are dealt with as follows: I will discuss in detail
the facts giving rise to the charges and the proceedings before us including
the issue of Gazette notification for the appeals, as well as the
constitutional points raised in respect of the second charge. My brother Baddoo
JA will discuss the aspects of the case dealing with the charges in so far that
they relate to the submission that at the end of the case for the prosecution,
no case was made to support the charges preferred against the appellant for
which he should be called upon to answer those charges; and my brother
Amonoo-Monney JA will discuss some aspects of the constitutional issues as well
as the submission of no case and the application for stay of proceedings when
the appeal record is ready for the appeal to be heard. Having dealt with these
in detail, there will be general comments on the issue whether one or both of
the grounds for the submission of no case should be satisfied before the
submission will succeed.<o:p></o:p>Although
the case was first sent to this court as an application for stay of
proceedings, the accused will for reason to appear shortly in this judgment be
referred to as the appellant. The facts as appearing in the record of appeal
and the various affidavits filed in the case are as follows: FIFA World Cup
Football qualifying matches were organised in Sudan on 25 February 2001. It was
decided that the senior Ghana soccer team, the Black Stars, should participate
in the matches. At that time, the appellant was the Minister for Youth and
Sports. He was to travel to Sudan for those matches. He was given some moneys
in three separate batches for that trip. One of the moneys amounting to
US$46,000 was to be used for paying winning bonuses and imprest for players and
officials. According to the appellant, he put the $46,000 and some items,
including an audit report, in his green suitcase which he used for the trip and
kept the rest of the money in his pilot brief case which he carried with him.
All these took place in Accra before he emplaned to Sudan on 23 February 2001.
When he arrived in Sudan at 2.00 am on 25 February, he was informed that his
green suitcase did not arrive with that flight. The appellant and the group had
travelled from Frankfurt to Sudan on Lufthansa Airline. They therefore arranged
with that airline to retrieve the suitcase. It was alleged that it was
discovered in Frankfurt and redirected via London to Khartoum. The suitcase
finally arrived in Sudan on 28 February 2001 when the appellant and the group
were about to depart from Sudan to Ghana. According to the appellant, he opened
the green suitcase and discovered that it did not contain the US$46,000 and
some other items such as the audit report. According to the prosecution, the
appellant was unable to reasonably account for the missing money. After
investigations, he was charged with stealing and fraudulently causing financial
loss to the State.<o:p></o:p>The
precise charges preferred against the appellant read as follows:<o:p></o:p>