REPUBLIC VRS. APPIAH (D13/001//2025) [2024] GHACC 342 (10 September 2024)

IN THE CIRCUIT COURT, CF-GBVC POLICE HEADQUARTERS ON TUESDAY THE 10th DAY OF SEPTEMBER 2024 BEFORE HER HONOUR JUDGE DORA G. A. INKUMSAH ESHUN CASE NO: D13/001//2025 THE REPUBLIC V. ALEXANDER APPIAH Accused Person - present Prosecutor - present; C. I. Opoku Aniagyei Investigator - present; Det. P.W. Cpl Monica Ametepey Accused Counsel - none Complainant - present; Benedicta Quaye Time: 9:18am By Court The prosecutor has filed; a) Coloured copy of Marriage Certificate No. RCM/0085/2010 dated 16 January 2010, between Alexander Appiah and Benedicta Acquaye at the Tema Metropolitan Assembly. b) Letter headed “Re: Request for Assistance” dated 24 November 2023, from AMA Marriage Unit (Marriage Registrar for MCE) to DOVVSU stating the Judgment Rep v. Alexander Appiah Sep 10, 2024 1 Ordinance Marriage between accused person and Ophelia Agbenya was registered on 24 August 2023. c) Black and white copy of Certificate of Marriage No. 4184/MC/2023 dated 24 August 2023 between Alexander Appiah and Ophelia Agbenya at the Accra Metropolitan Assembly. d) AMA Notice of Marriage No. M/30005907 between accused person and Ophelia Agbenya dated 27 July 2023. e) Picture of accused person and Ophelia Agbenya. The accused person filed proceedings in the District Court 1, Tema, for Suit# A4/12/2021 on maintenance etc. which was adjourned sine die on 1 June 2021. Accused Person Please we filed the children’s case. Later, we filed the divorce case. When I went, they sent me to ADR and tossed me around until they gave me these proceedings. By Court to Accused Person The proceedings filed are for the Family Tribunal. Accused Person We did not sign the divorce certificate because I said I would pay her GH¢5,000 and she did not agree, so we did not sign. Judgment Rep v. Alexander Appiah Sep 10, 2024 2 By Court It seems the accused person and complainant were under the erroneous impression that their marriage was to be dissolved at ADR. When they could not reach an agreement, they should have been referred back to court. Accused Person When we got to ADR, they gave us a date and when we returned, we learnt the man (mediator) was dead. After that… Complainant It wasn’t divorce I took to the Family Tribunal. It was the case of the children that I took to the Family Tribunal for children – how they would be looked after, because we were separated. They tried to put us together and then they sent us to ADR. For about 4 years, we were going and coming. By Court to Complainant Did any of you file a divorce case in court? Complainant No. Just recently when he got married and I saw pictures, then he went to ADR and ADR called me. I was in the market when I was called and had to rush and go. When I went, the ADR personnel told me I shouldn’t take the matter to court – we can do the divorce at ADR. The ADR at Ashaiman. At first, it was at Tema District Court. So, I went there. Then they called me that I should come Judgment Rep v. Alexander Appiah Sep 10, 2024 3 to Ashaiman. The same ADR woman from Tema met us there. It wasn’t in the court. It was near the Police Station around the traffic light in a building. They have written “ADR” on it. Accused Person It is near the Main Ashaiman traffic light. Complainant When I heard he married again, I felt bad because I thought the ADR and court could bring us together again. I was living with the children for the past 8 years. Sometimes, they go and visit him and the money that they asked him to pay, he paid sometimes. Accused Person I filed a divorce case in Tema District Court in 2018 or 2019. The case was already in court. When I filed the divorce case, they put another application for increase in maintenance on top. The divorce case was not completed. Therefore, that was when I said they asked me to pay GH¢5,000. Complainant It was the mediator who suggested he pay GH¢5,000. Then I said if that’s the case, it’s ok, we should go back to court, but he never showed up. Judgment Rep v. Alexander Appiah Sep 10, 2024 4 Accused Person First of all, I would like to apologize to the court. Secondly, it was not my intention to marry twice. It was because of travelling. I wanted to add the children to it. The lady was travelling, and I was thinking that when she travelled and there was a chance, she could come for the children – Benedicta’s children. JUDGEMENT The accused person, Alexander Appiah, a 45 -year-old driver, is found guilty and convicted of the offence of bigamy contrary to section 262 of the Criminal and Other Offences Act, 1960 (Act 29). Considering the circumstances of the case, particularly the fact that the accused took steps to divorce his first wife, Benedicta Quaye, before marrying his second wife, Ophelia Agbenya; however, the causes of action on maintenance and divorce were derailed by the lack of accurate information or guidance in the court process; the accused person is sentenced to pay a fine of 20 penalty units (GH¢240) or in default, to serve one day in prison at the Nsawam Medium Security Prison. The accused person shall pay compensation of 50 penalty units (GH¢600) to the complainant, an amount that may be recovered by civil action. Judgment Rep v. Alexander Appiah Sep 10, 2024 5 The accused shall take steps to resolve the issues of his divorce with the complainant and void marriage with his second wife. Prosecutor: Chief Inspector Gladys Aikins-Asare Counsel for Accused Person: None (SGD) DORA G. A. INKUMSAH ESHUN CIRCUIT JUDGE Judgment Rep v. Alexander Appiah Sep 10, 2024 6