GRi in Court - Ghana
14-07-2000
Adotey's appeal allowed by Court of Appeal
Ho (Volta Region) 14 July 2000
Yao Benegbe, 46, farmer, allegedly
defiled the daughter of his host, who had offered him an overnight
accommodation at Nyative village, near Tokokoe, in the Ho District.
Benegbe pleaded not guilty to
defiling the 13-year old girl, when he appeared before the Ho Circuit Court and
was remanded in Prison custody to reappear on July 19.
Prosecuting Police Chief Inspector
Christ Agbodza told the court that at about 1600 hours on March 26, Benegbe,
who said he was travelling to Atikpui, near the Ghana-Togo border, got stranded
for non-availability of a means of transport.
He pleaded with the parents of the
girl to be their guest for the night.
Chief Inspector Agbodza said the
Benegbe, who had earlier introduced himself to the couple as hailing from the
same area as his host, was granted his request on humanitarian grounds.
He said that the next day, soon
after the victim's father left for where he sells his palm wine, Benegbe
introduced himself to the rest of the family as a magician, who could turn a
leaf into money.
The Prosecution said the accused
placed some leaves in a bowl, sprinkled some powdery substance on them and
covered it with calico.
He instructed the victim to place
the bowl with its content in her mother's room, which she obliged.
Chief Inspector Agbodza said while
the rest of the family went to fetch water from the riverside, Benegbe asked
the victim's mother to allow her to remain in the house so that she could
witness while the leaves turn into money.
Shortly after the rest of the
family left, the victim also left the house to visit her friends in the
neighbourhood.
Chief Inspector Agbodza told the
court that the victim later returned to the house and stood in front of her
mother's room.
Benegbe held her by the neck,
dragged her into the room and sexually assaulted her.
The prosecution said the victim's
sister, who had returned from the riverside opened the door and saw them.
The victim, in tears, narrated
what happened to her sister.
Benegbe was subsequently arrested
and handed over to the Tokokoe police.
GRi…/
Adotey's appeal allowed by Court of Appeal
Accra (Greater Accra) 14 July 2000
The Court of Appeal in Accra, by a unanimous decision on Thursday, allowed an appeal filed by Mrs. Rebecca Adotey, Member of Parliament for Ayawaso West Wuogon constituency, against an Accra High Court's decision given on December 15, 1997.
The court was composed of Mr Justice P.K. Twumsi, presiding, Mr. Justice Julius Ansah Akrofi and Mrs Justice S.O. Adinyira.
The High Court presided over by Mrs Justice Agnes Dzordzie, ruled that the Electoral Commission (EC) should assemble, collect and collate the election results from all the polling stations in the constituency.
The EC should correct the total votes cast for each candidate and declare the one with most votes as the winner.
The court's ruling followed legal proceedings instituted by Mr. Isaac Amoo, the New Patriotic Party (NPP) candidate against the EC on the grounds that it committed an error in compiling the results and mistakenly declared Mrs. Adotey as the winner.
The court upheld his grounds and ruled that the EC should assemble and collate the results and declare the winner.
Mrs. Adotey, dissatisfied with the court's ruling filed an application for stay of execution pending an appeal she had made against the judgement.
The Appeal Court set aside the judgement of the High Court and ordered that if any cost had been paid it should be refunded.
It did not make any order as to costs in the appeal.
Mr. Peter Ala Adjetey was counsel for Mr. Amoo while Mr. Isaac Cudjoe represented Mrs. Adotey.
Mr. Cudjoe had earlier argued that the grounds for the appeal were that the trial judge erred in law in awarding the case to Amoo at a time that Amoo had not sought relief for violation of fundamental rights.
In reply, Mr Adjetey said that the orders of mandamus and certiorari, which his client sought included violation of a political right, hence the court had the jurisdiction to grant the orders.
Mr. Adjetey said that Amoo took cognisance of the violation of his political right as part of the fundamental human rights enshrined in the constitution.
GRi…/