Court: District Magistrate Court, Achimota, Accra
Police Station: Kotobabi Police Station
Police Reference No.: R.O. No. 326/2022
Court Case No.: B10/2/24
Date of Alleged Incident: 22 November 2022
Location: BOST Premises, Dzorwulu, Accra
Presiding Magistrate: His Worship Prince Osei Owusu, District Magistrate
PARTIES
The Republic
v.
Yahaya Alhassan – First Accused
Ali Shaku – Second Accused
Osaman Salia – Third Accused
CHARGES
The accused persons were charged with offences arising from an incident at the premises of the Bulk Oil Storage and Transportation Company (BOST) at Dzorwulu on 22 November 2022.
The charges included:
Failure to Notify the Police of a Special Event, contrary to Section 1 of the Public Order Act, 1994 (Act 491), as stated in the charge sheet.
Conspiracy to Commit Crime, to wit Offensive Conduct Conducive to the Breach of the Peace, contrary to Section 23(1) of the Criminal Offences Act, 1960 (Act 29), as stated in the charge sheet.
Abetment of Crime, to wit Offensive Conduct Conducive to the Breach of the Peace, against the second and third accused persons.
Offensive Conduct Conducive to the Breach of the Peace, contrary to Section 207 of the Criminal Offences Act, 1960 (Act 29).
PROSECUTION'S CASE
According to the prosecution's case, Yahaya Alhassan, accompanied by Ali Shaku and Osaman Salia, went to the BOST premises at Dzorwulu on 22 November 2022 and requested to see the Managing Director, Mr. Edwin Alfred Provencal.
The prosecution alleged that, after being informed that the Managing Director was not available, the accused persons began making noise at the premises. A banner associated with the New Ghana Social Justice Forum was displayed. The banner contained allegations concerning high fuel prices and alleged financial wrongdoing involving BOST's Managing Director.
The prosecution further alleged that Yahaya Alhassan distributed leaflets, while Ali Shaku shouted in Hausa and Osaman Salia filmed the incident.
The Facility Manager of BOST, Mr. Emmanuel Darko, stated that he attempted to calm the accused persons and asked them to leave the premises. He alleged that Yahaya Alhassan responded with words including allegations that persons at BOST were thieves and would be exposed.
The police were subsequently called and the three accused persons were arrested and taken to the Kotobabi Police Station.
The prosecution alleged that Yahaya Alhassan had not notified the police of his intention to undertake the demonstration.
PROSECUTION WITNESS
The prosecution identified Mr. Emmanuel Darko, Facility Manager of BOST, as a complainant and witness. His witness statement described the arrival of the three accused persons, the banner, the distribution of leaflets, the filming of the incident, the alleged verbal confrontation and the subsequent arrest by the police.
The prosecution indicated during case management that it intended to call three witnesses.
PROCEDURAL HISTORY
25 April 2024:
The matter came before His Worship Prince Osei Owusu. Yahaya Alhassan was present, the second accused was present, and the third accused was absent. The case was adjourned to 30 May 2024 for Case Management Conference (CMC).
30 May 2024:
The prosecution confirmed that witness statements had been served on the accused. The prosecution indicated that it intended to call three witnesses. The defence indicated that, if called upon to open its defence, only the first accused, Yahaya Alhassan, would testify. The matter was adjourned to 20 August 2024 for trial to commence.
20 August 2024:
The prosecution requested an adjournment to consult its legal department concerning the proper handing over of the docket. The Court adjourned the matter to 16 September 2024 and indicated that the case would be struck out if the prosecution failed to produce its witness at the next sitting.
16 September 2024:
The prosecution informed the Court that the substantive prosecutor had been transferred and had failed to hand over the docket. Counsel for the accused reminded the Court of its previous order and prayed that the charges be struck out for want of prosecution.
FINAL DISPOSITION
His Worship Prince Osei Owusu, District Magistrate, found that the prosecution had failed to put its house in order as previously directed by the Court.
The Court therefore ordered that:
The case be struck out for want of prosecution.
The Court further ordered that:
The accused persons be discharged.
OUTCOME
Case struck out for want of prosecution.
All three accused persons discharged.
CASE SIGNIFICANCE
The case arose from an advocacy/demonstration exercise at the BOST premises concerning allegations of corruption, fuel prices and matters of public interest. The prosecution brought four counts against the accused persons. However, after several adjournments and the prosecution's failure to properly hand over and proceed with its case, the District Magistrate Court ultimately struck out the case for want of prosecution on 16 September 2024 and discharged the accused persons.
Reference: The Republic v. Yahaya Alhassan, Ali Shaku & Osaman Salia, District Magistrate Court, Achimota, Accra, Case No. B10/2/24; R.O. No. 326/2022.
