191761 SGT. MENYA JONES ODOI vs. THE REPUBLIC [2016]DLCA8614

Date	2016-10-30
Suit No.	SUIT NO. CMA 1/2016
Citation No.	[2016]DLCA8614

ADJEI J.A

IDDRISU J.

HOMETOWU J.

YAW OPPONG FOR THE APPELLANT LT(GN) ANITA WASE

LED BY: CHARLES GBEKLE FOR THE RESPONDENT

[2016]DLCA8614
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													<main id="main" class="content" style="min-height: 60rem" >191761 SGT. MENYA JONES ODOI<o:p></o:p><span lang="EN-GB" style="mso-bidi-font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0;mso-ansi-language:EN-GB">vs.<o:p></o:p>THE REPUBLIC<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>COUNSEL:<o:p></o:p>YAW OPPONG FOR THE APPELLANT<o:p></o:p>LT(GN) ANITA WASE<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

LED BY:
CHARLES GBEKLE FOR THE RESPONDENT<o:p></o:p>

</div><span lang="EN-GB" style="mso-bidi-font-size:
12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:
&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;mso-ansi-language:EN-GB">CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

ADJEI J.A, IDDRISU
J., HOMETOWU J.<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>ADJEI:J.A<o:p></o:p>This
appeal emanates from the Disciplinary Court Martial, Southern Command, Accra to
this Court; the Court Martial Appeal Court, Accra.&nbsp; The appellant was convicted by the majority
on three counts of offences and sentenced to 90 days in detention.&nbsp; The appellant was convicted on 2nd
July, 2015 and dissatisfied with the judgment, applied to the Court for leave
to appeal against same.&nbsp; On 7th
October, 2015, this Court granted leave to the appellant to appeal against his
conviction.&nbsp; Pursuant to the leave
granted, the appellant filed his notice of appeal on 13th October,
2015.&nbsp; The accused person shall be
referred to this judgment as the appellant.<o:p></o:p>The
brief facts of this case as presented before the trial Disciplinary Court
Martial were that the appellant who was a Sergeant in the Ghana Armed Forces
was posted to Lebanon on Peace Keeping Mission.&nbsp;
He was a member of Ghanbatt 80.&nbsp;
The appellant’s Platoon Commander and Platoon Warrant Officer were
Lieutenant Osei Bonsu and WO II Zakaria Dickson respectively.&nbsp; The appellant complained of medical problems
in his ankle and was referred to a medical officer.&nbsp; He was given an excuse duty for four (4)
weeks and was excused from drill, rifle drill and guard duties. &nbsp;The appellant while on excuse duty, was transferred
to Patrol Base Hin on 22nd September, 2014.<o:p></o:p>According
to the Platoon Warrant Officer, the appellant was not satisfied with the transfer
and used some words which case doubts on the competence of his Platoon
Commander.&nbsp; According to the prosecution
when the Platoon Warrant Officer went with the appellant to the Platoon
Commander, the appellant retorted to the Commander that he was surprised that a
transfer was being used to reward him for the service he rendered to the Platoon.&nbsp; The appellant denied having made any comment
about the Platoon Commander and categorically denied the offences.<o:p></o:p>Summary
of evidence into the alleged misconduct of the appellant towards his Platoon
Commander was taken.&nbsp; Adverse findings
were made against the appellant for misconduct towards his Platoon
Commander.&nbsp; The appellant opted to be
tried by Court Martial and was referred to his Commanding Officer.&nbsp; At a Disciplinary Board chaired by the
Commanding Officer, the appellant maintained his right to be tried by Court
Martial.&nbsp; The appellant was charged and
expatriated to Ghana to be tried by Court Martial.<o:p></o:p>The
five counts of offences preferred against the appellant before the Court
Martial are; using insulting language towards a superior officer contrary to Section 24 of the Armed Forces Act, [1962]
(Act 105); conduct to the prejudice of good order and discipline contrary
to Section 54 of the Armed Forces Act,
Act 105, behaving with contempt toward a superior officer contrary to Section 24 of the Armed Forces Act, Act 105;
and disobeying a lawful command of a superior officer contrary to Section 2 of the Armed Forces Act, Act 105.&nbsp; <o:p></o:p>At
the close of the prosecution’s case, a submission of no case was made and which
the trial court martial acquitted the appellant on counts two (2) and three
(3).&nbsp; After the trial, the appellant was
convicted for counts one, four and five and was sentenced to 90 days.&nbsp; The appellant dissatisfied with the conviction
and sentence imposed on him, applied for leave to file appeal against the
conviction.&nbsp; The leave to file an appeal
against the sentence was granted and the appellant filed same on 13th
October, 2015.&nbsp; The appeal was grounded
on four main grounds and are as follows:<o:p></o:p>“i.&nbsp;&nbsp;&nbsp;&nbsp; The
entire facts and circumstances culminating in the arraignment of the appellant
is fraudulent in that the Appellant’s signature was forged with the view to
authenticating a fraudulent misrepresentation that the Appellant’s wife was
critically ill and therefore his presence in Ghana was required which reason
the perpetrators knew to be false.<o:p></o:p><o:p>&nbsp;</o:p>