REPUBLIC VRS. DONKOR AND OTHERS (B1/90/2022) [2024] GHACC 357 (11 December 2024)

IN THE CIRCUIT COURT ‘B’ KOFORIDUA IN THE EASTERN REGION OF THE REPUBLIC OF GHANA HELD ON WEDNESDAY THE 11TH DAY OF DECEMBER 2024 BEFORE HER HONOUR MRS. MATILDA RIBEIRO, CIRCUIT COURT JUDGE_____________________ CC No. B1/90/2022 THE REPUBLIC Versus. 1. ENOCH DONKOR @SIMON@GHOST FAMILY@ATTORKEY 2. JOHN ASHILEY @ JOHNNY 3. ADEMA EUGENE @ZUZU @ LALU @ZULIA @OGEM 4. ASARE KWAKU @ RUDOLPH @ EMPIRE 5. AUGUSTINE OWUSU @ ASEM @ SEE MONEY —————————————————————————————————-------------- JUDGMENT (PLEA BARGAINING AGREEMENT) —————————————————————————————————————— The accused persons were arraigned before this court on seven (7) counts of conspiracy to discharge firearms and discharge of firearms contrary to sections 23(1) and 209(1)(A) of the of the Criminal Offences Act 1960 (Act 29), conspiracy to commit crime to wit possession of narcotic substances and possession of narcotic substances contrary to sections 23(1) and 37(1) of the Narcotic Control Commission Act 2020 (Act 1019), attempt to commit crime to wit bribery of public officer contrary to section 18 and 252 (2) of Act 29, resisting arrest contrary to section 226(1)(A) of Act 29 and assault on public officer contrary to section 205 of Act 29. They all pleaded not guilty to the respective charges against them and were admitted to bail on the 21st of March 2022. Page 1 of 4 The Republic v. Enoch Donkor, Adema Eugene & 3 Ors 11/12/24 On the 28th day of May 2024, the 3rd accused person, Adema Eugene was arraigned before the Court on a bench warrant whereupon the court rescinded the bail granted him and remanded him into lawful custody. The 3rd accused person has been charged with five out of the seven counts namely, conspiracy to commit crime to wit discharge of firearm contrary to sections 23 and 209(1)(A) of the Criminal Offences Act 1960 (Act 29), discharge of firearm contrary to section 209(1)(A) of the Criminal Offences Act 1960 (Act 29), conspiracy to commit crime to wit possession of narcotic substances contrary to sections 23(1) of Act 29 and section 37(1) of the Narcotic Control Commission Act 2020 (Act 1019), possession of narcotic substances contrary to section 37(1) of the Narcotic Control Commission Act 2020 (Act 1019) and resisting arrest contrary to section226(1)(A) of Act 29. It is alleged that on the 17th of July 2021 the police had intelligence that a group of young men in a red Toyota saloon car with registration number GG 1226 – 6 had fired gun shots indiscriminately during a burial ceremony. The police intercepted the vehicle which had A3 and the other accused persons on board but A3 and the other accused persons escaped into the nearby bush and abandoned the vehicle. They were subsequently arrested by the Oterkpolu community and handed over to the Asesewa police station for investigation and later transferred to Koforidua. One of the accused persons who was arrested later showed a team of police officers a hidden compartment under the back passenger seat of the abandoned Toyota Corolla which had been impounded at the Asesewa police station where they had concealed a quantity of dried leaves which he identified as a gift from one Sekesua. That they had used some and kept the rest to be used when they reach their destination. The substance later tested to be cannabis. It is upon these facts that the accused persons including A3 were cautioned and charged before this Court. On the 22nd day of October 2024, the Court received notice of the Initiation of Plea Bargaining Negotiations between the Prosecution and the 3rd accused person (A3) pursuant to section 162(c) (3) of the Criminal and other Offences Procedure Act 1960 (Act 30) as amended by the Criminal and Other Offences (Procedure)(Amendment) Act 2022 (Act 1079) following an oral request by the 3rd accused person in Court on 1st August 2024. Following which the Attorney General (hereinafter referred to as AG) Page 2 of 4 The Republic v. Enoch Donkor, Adema Eugene & 3 Ors 11/12/24 filed a Plea-Bargaining Agreement (hereinafter referred to as PBA) on the 27th day of November 2024 for consideration by the Court. On the 11th day of December 2024, 3rd accused person confirmed to the court that his constitutional rights and his rights under the agreement have been explained to him and that he entered into the agreement voluntarily out of his own free will. Prosecution also confirmed to the Court that the consent of the complainants has been sought. The Court then informed the 3rd accused person that by agreeing to the PBA, he is waiving his rights to a full trial and appeal, and he responded in the affirmative. After which the terms of the PBA were read out and explained to A3 in the Krobo language. Per the key terms of the PBA dated 26th November 2024 and filed on 27th November 2024, the parties agreed as follows: • That the 3rd accused person shall plead guilty simplicita to all the five charges against him (counts 1, 2, 3, 4 and 6) supra as indicated at paragraph 4 of the PBA. • As regard sentencing, the parties agreed per paragraph 5 of the PBA and recommended a sentence of 25 penalty units and in default two months imprisonment on Count one and two; three hundred penalty units (300p.u) and in default, six (6) months imprisonment each on Counts three and four; and three hundred penalty units (300p.u) on Count 6 having considered all necessary mitigating and aggravating factors per paragraph 6 of the of the PBA. All the sentences are to run concurrently. • The parties further agreed that the 3rd accused person agrees to provide entirely truthful, complete and accurate information and agrees to cooperate fully with the Republic to disclose any information and materials that may be necessary to apprehend the other accused persons at large and also to be a prosecution witness in relation to the prosecution of any other person standing trial in respect of their participation in the offence. The Court upon confirmation that the accused person understood all his rights and implications of his agreement to the terms contained in the PBA, and being satisfied that the 3rd accused person is of a sound mind, that he entered into the agreement Page 3 of 4 The Republic v. Enoch Donkor, Adema Eugene & 3 Ors 11/12/24 voluntarily and that there is a factual basis for he PBA hereby accepts the PBA executed by the 3rd accused person and the Chief State Attorney, Eastern Region for and on behalf of the Attorney General, dated 26th November 2024 and filed on 27th November 2024. The 3rd accused person having pleaded guilty simplicita to all the five counts as agreed between the parties, is hereby convicted on his own guilty plea to all five charges against him. The Court has considered the recommended sentence per paragraph 5 of the PBA in the light of the prescribed sentence under the 2nd schedule of Act 1079 and section 226(1)(a) of Act 29 and is satisfied that the recommended sentence is appropriate. Accordingly, the 3rd accused person is sentenced to a fine of 25 penalty units and in default two months imprisonment each on Count one and two; three hundred penalty units (300p.u) and in default, six (6) months imprisonment each on Counts three and four; and three hundred penalty units (300p.u) on Count 6. All the sentences are to run concurrently. SGD H/H MATILDA RIBEIRO (MRS) CIRCUIT COURT JUDGE —————————————————————————————————————— Counsel: Mustapha Mahama (Assistant State Attorney) attorney for the Republic. No legal representation for the 3rd accused person. —————————————————————————————————————— Page 4 of 4 The Republic v. Enoch Donkor, Adema Eugene & 3 Ors 11/12/24