THE REPUBLIC vs PHILIP ASSIBIT AND ABUGA PELE [2018]DLHC16331

Date	2018-02-23
Suit No.	SUIT NO. FTRM 122/14
Citation No.	[2018]DLHC16331

HER LADYSHIP JUSTICE AFIA SERWAA ASARE-BOTWE (MRS.)

MRS. EVELYN KEELSON

MRS. FRANCES MULLEN ANSA

MS. ENAM LOH-MENSAH

MRS. YVONNE ATAKORA OBUOBISA

MR. KWEKU PAINTSIL

MR. KWABENA FRIMPONG MENSAH

MS. AGOE ASIEDU ASANTE

MR. ABU JUAN

MR. BAFFUOR GYAWU BONSU ASHIA

[2018]DLHC16331
																																						<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" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>PHILIP
ASSIBIT, ABUGA PELE<o:p></o:p>(ACCUSED)<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: black; padding: 0cm 0cm 1pt; margin-left: 0cm; margin-right: 0.05pt;">

SUIT NO. FTRM 122/14&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: 23RD
FEBRUARY, 2018<o:p></o:p>

</div>COUNSEL<o:p></o:p>MRS. EVELYN KEELSON PRESENT
FOR THE REPUBLIC WITH MRS. FRANCES MULLEN ANSAH, MS. ENAM LOH-MENSAH AND BEING
LED BY THE DPP, MRS. YVONNE ATAKORA OBUOBISA<o:p></o:p>MR. KWEKU PAINTSIL PRESENT
WITH MR. KWABENA FRIMPONG MENSAH WITH MS. AGOE ASIEDU ASANTE FOR A1<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: black; padding: 0cm 0cm 1pt; margin-left: 0cm; margin-right: 0.05pt;">

JUDGMENT<o:p></o:p>

</div>INTRODUCTORY COMMENT<o:p></o:p>The accused
persons were first arraigned before this Court on the 24th of
January, 2014 per a charge sheet filed on the 22nd of January, 2014.
That charge sheet was substituted with one filed on the 11th of
February, 2014.<o:p></o:p>&nbsp;The hearing
commenced on the 11th of February, 2014. The Prosecution in putting
up their case during this trial, called seven (7) witnesses. At the end of the
prosecution’s case, both counsel for the accused persons indicated their
intention to make submissions of no case and they were afforded the opportunity
to do so. This court ruled on the 19th of June, 2015, that there was
a case to answer on the part of both accused persons.<o:p></o:p>&nbsp;Dissatisfied with the
decision of this court directing them to answer to the charges, both accused
persons appealed the decision. They also filed an application for stay of the
proceedings in this court at the Court of Appeal on the 3rd of July,
2015 pending the determination of the appeal which stalled this case from about
July, 2015 until the hearing eventually resumed in November, 2016.<o:p></o:p>&nbsp;I have noted
that in his written submissions, Mr. Paintsil made a remark regarding the
decision of this Court, notwithstanding the pendency of an appeal lodged by the
accused persons, to dismiss their application for “stay of execution” as
described and compelling them to open their defense on the 14th of
November, 2018.<o:p></o:p>&nbsp;On that day,
Mr. Halali Nchuakung, then representing A1, brought to the attention of the
Court that an application for stay of proceedings which had been brought before
the Court of Appeal had been dismissed by a single Justice of the Court of
Appeal as a result of which a repeat application had been filed before a full
bench, and as such there was technically an application pending. However, it
was explained, in open court that the Appellant/Applicants had been directed by
the Court of Appeal to file a supplementary affidavit and the matter had been
adjourned by sine die by the Appellate Court since March 2016 until then, and
the Appellants had failed to carry out the directives of the Court of Appeal.<o:p></o:p>This Court then
noted;<o:p></o:p>&nbsp;&nbsp;&nbsp;BY COURT