S v Nana Akuffo Adin and Others (GTNDC/B15/2/25) [2024] GHADC 684 (18 December 2024)

IN THEDISTRICT COURT HELDATTESHIE-NUNGUA ON MONDAY THE 18TH DAY OF DECEMBER,2024BEFORE HER HONOURBIANCA ADWOA OSEI- SARFOSITTING AS ANADDITIONAL MAGISTRATE. SUITNO.GTNDC/B15/2/25 THEREPUBLIC VRS NANA AKUFFOADIN &2ORS Accused Person Present 1stsurety Absent 2ndSurety Absent ChiefInsp. Victoria Alhassan forprosecution Present Counsel:Saviour Kudzefor Accused person Present Prosecution: MyLady, theAccused hasbeen broughttocourtfor forfeiture. Court: Is he onaBench Warrant? A: Yes, MyLady. Court:Was he arrested onaBench Warrant? A: Yes, MyLady. Court: So theAccused wasarrested onaBench Warrant, its sureties who are brought tocourt for forfeiture, notAccused persons. A: Yes, my Lady. Court: How longwas he at large? A: MyLady, morethanayear. 1 Counsel: YourHonour, Iam beforeyouthis morning humbly applying forbail for the Accused person. He hasapermanent place ofabode,and he hasmen andwomenof substance who canstand surety forhim, and theywill alwaysmake sure that he is presentin courtanytime needed and he will not runaway fromjustice. MyLady, this isabusiness relationship between the Accused and thecomplainant thathas gone bad laterin their business transaction, so they are actually business partners, so we humbly praythat he be granted bail, and having regard tothe fact thattheyare business partnersand what is involved is money, we also apply to be given the opportunitytohave the matterresolvedand reportback to court. YourHonour,I prayaccordingly. Prosecution: MyLady, theinvestigator hasinformed me he knowsthe place ofabode of theAccused person and canbe brought to courtwhen needed MyLady. Court: Is this the same investigator whosays the Accused was atlargefor ayear. A: Yes, my Lady. Court: Forayear,youknowwerehe was and youcould not bring himtocourt? A: MyLady, atthenI did notknow werehe was. Court: When was the lasttime he legitimately appearedbefore thecourt? A: MyLady, since thedocket wasbrought tocourt,he has neverappearedbefore thecourt. Counsel: MyLady, we have paid some ofthe money tothecomplainant. Case stoodat 10:45am. CASE RECALLED 2 SUITNO.GTNDC/B15/2/25 THEREPUBLIC VRS NANA AKUFFOADIN & 2ORS Accused Person Present ChiefInsp. Victoria Alhasan forprosecution Present Counsel: Saviour Kudze This is aruling onaviva voce bail applicationby Accused person’sCounsel. Onthe 7th October,2024 D/SGTGodfread Asamoahof Community 18station, CID, deposed toan Affidavitin Support ofan applicationforforfeiture of recognizance against the Accused sureties. AtParagraph3,4,5,and 7he states“thatinthe ---” Accused was arrested onaBench Warrantand broughtbefore this Court, and hence theapplication forbail afterbeing remanded into Police custody. The grantofbail is discretionary and Section 96(4)ofAct 30provides asfollows “a Courtshall notwithhold orwithdraw bailmerelyas apunishment. Ascan be seen, the Accused was granted bailin July 2023,17monthsago.(a fullyearand 5monthsago). Immediatelyafter section4comesSection5which provides. Act shall refuse togrant bailif it is satisfied thatthe Defendant - (a)may not appearto stand trial andSection 6 provides. Inconsidering whether it is likely that thedefendant, inthis case the Accused may notappear tostand trialthe court should takeinto account thefollowing consideration6(d) -whether the defendant -(Accused) having beenreleased onbailon any previous occasion, haswillfully complied withthe conditionsofany recognisance enteredinto byhim onthatoccasion. The detective assigned tothis matterdeposed in his Affidavit inSupportofthe forfeiture ofrecognisance thatthe Accused has neverappearedbefore theCourt. Infact 3 uponbeing granted Police enquirybail, he jumped bail until he was arrestedona Bench Warrant overayearlater. He nowbreezesintocourt accompanied by and armed withcounsel and aTraditional Leaderin his Kente regalia tosay thathe should be granted bail, because he will appearin Court, after allthis is abusiness matterand he has evenpaid some ofthe money forwhich he has been charged withstealing ,and prosecution, wholeheartedly supportstheapplication forgrantofbailbecause ”MyLady, theinvestigatorhas informed me he knowsthe place ofabode ofthe Accused personand he can be broughtto court whenneeded my Lady. ”And this is the sole ground uponwhich the prosecutorin charge ofthe matterisnot opposed tothe grant ofbail, thatshe has been informed. so it’sokayto goafterinnocent citizens andcause themtoforfeit a recognisance bond, but whenthe antagonist appears, he is tobe let gobecause after all, the inspectorknows his house, Well, this courtwill have no partthis circus. The Accused has shownhe hasno respect forthe rule ofLaw, and cannot be trusted to followdue process exceptcompelled to doso. He evaded thevery Police who arehere todayurging his releasefor overayear,and theonly thing thevery inspector who was readyat paragraph8ofhis affidavit in Supportofforfeiture.” That I swear tothis affidavit inthe interestofjustice foran orderororderstobe issued and directedonthe sureties toshowcause why the bondentered intoshould not be entreated, Asstated earlier, this courtwill have nopart in this circuit. The viva voceapplication forthe grant ofbailtothe Accused is denied. Accused is remanded intoPolice Custody forthe matterto proceed. And to answer Counsel onhis prayer forsettlement, stealing is a2nd degree felony, and notopentothe optionfor settlement. Counsel: MyLady, we are grateful. H/H BIANCAADWOA OSEI-SARFO CIRCUITCOURTJUDGE SITTINGAS ANADDITIONALMAGISTRATE 4