A dramatic scene unfolded at the Dansoman Circuit Court on Tuesday when a 15-year-old girl, testifying in a defilement case involving a 24-year-old untrained teacher, Clifford Addo, contradicted the prosecution’s case.
The teenager, who is in Senior High School Form 1 and pregnant, admitted during cross-examination that she had lied to Addo about her age, claiming to be 19 years old in order to pursue an intimate relationship with him.
She also revealed that Addo had taken responsibility for her pregnancy and visited her mother with his family to discuss the situation.
The revelation left the prosecution stunned, prompting Chief Inspector Aboagye, the lead prosecutor, to object to her testimony. He labeled the witness as hostile, arguing that her statement contradicted her earlier claims and had misled the prosecution.
The prosecution sought an adjournment to address the discrepancies.
However, defense counsel Isaac Arko Inkum opposed the objection and adjournment request, describing the claim of a hostile witness as baseless and an attempt to distract the court.
Legal Reactions and Observations
The case took another turn as unaffiliated lawyers present in court offered legal opinions, questioning the merit of the charges.
They argued that pursuing the case lacked a strong legal foundation and suggested it was a waste of judicial resources.
Case Background
Clifford Addo faces charges under Section 101(1) of the Criminal Offences Act 1960 (Act 29) for the defilement of a female child under 16 years. He has pleaded not guilty.
The case originated when the complainant, David Boadu, the teen’s 24-year-old brother, reported Addo to the police after learning of his sister’s pregnancy.
Court documents indicate that the girl initially identified Addo as responsible for the pregnancy, leading to his arrest. In a caution statement, Addo admitted to engaging in sexual activity with the girl but denied knowing her true age.
Bail Granted
Following Addo’s plea, his counsel successfully argued for bail, citing Article 19(2)(c) of the 1992 Constitution, which presumes an accused person is innocent until proven guilty.
Judge Halimah El-Alawa Abdul-Baasit granted Addo bail in the sum of GH¢30,000 with three sureties, all of whom must be public servants earning not less than GH¢2,000 monthly.
Addo was also required to deposit his Ghana Card at the court registry and report to the police station bi-weekly until further notice.
The defense argued that Addo had a fixed place of residence at Anyaa Last Stop, was gainfully employed as a teacher, and posed no flight risk.
The prosecution did not oppose the bail application but requested strict conditions to ensure Addo’s presence at subsequent hearings.
The case has been adjourned for further proceedings.
Excerpts of Questions (Q) and Answers (A):
Q Give your full name to the Court?
A: My name is (withheld)
Q: Where do you attend school?
A: I attend school in Volta region (the name of the school is withheld).
Q: Which class are you?
A: I am in S.H.S One.
Q: How old are you?
A: I am 15 years old.
Q: How best do you know the Accused Person?
A: He said he is “interested” in me.
Can you tell the Court your encounter with him?
We live at Anyaa Market where his younger brother stays in the same house with us. The Accused Person used to visit his brother in the said house. The Accused Person saw me and proposed to me and I accepted his proposal. The Accused Person asked of my age and I told the Accused Person that I am 19 years and he said he has heard.
Q: Which month are you talking about?
A: July 2024.
PROSECUTION: My Lady, we pray the Witnesses be treated as hostile Witness. This is not the conference we had with our Witness. This is not the evidence we have on record and we believe the Witness is misleading the Prosecution. We, therefore, pray to treat her as a hostile Witness and we pray for a short date to return.
COUNSEL FOR THE ACCUSED PERSON: My Lady, I think that Prosecution is the one who has brought their own Witness and whatever claim they are making that their Witness is hostile is unfounded.
As we say on the principle of law that you take your victim as you find them. In other words, you take your Witness as you find them.
Accused Person should rather be making this claim that Prosecution’s Witness has been coached to tell lies to the Court.
So, it is strange that Prosecution is holding a contrary view from their Witness. Humbly, I say that this Court should not entertain this interruption from the Prosecution and allow the Witness to testify. Humbly submitted.
AMICUS: I associate myself with Counsel that you take your Witness as you find her.
BY COURT: In so far as the victim and/or witness is testifying on oath, she shall continue with her testimony.
Q: Kindly tell the Court what happened between you and the Accused Person?
A: After asking of my age, he informed me that he is leaving. The following day, I called him and asked of his whereabouts, the Accused Person informed me that he had gone to work. I told the Accused Person that I want to see his house. The Accused Person told me that he has a busy schedule and I told him I have heard.
I told the Accused Person to let me know when he is free so that I will visit him in his house. One day, the Accused Person told me that he is off duty and I told him that I have heard and then I will come to his house. Accused Person told me that he stays at Anyaa Last stop and that I should come and meet him there.
I visited the Accused Person for the first time. When I visited him and it got late in the evening, I told him that I am going home. I visited the Accused Person 5 times and it was the 5th time that we had sex. The placement of school was out, I got placed and went to school, but I did not know that I was pregnant.
I felt sick when I got to school and they took me to the hospital and the Doctor informed me that l am pregnant. When we vacated and I came home, I told the Accused Person that it is that time of the month, but I have not seen anything and the Accused Person said okay “go and inform your mother that you are pregnant”.
I did not tell my mother when I got home. My mother asked me why and I told my mother that it was that time of the month but I have not seen anything and my mother told me that I am pregnant and asked me who was responsible. I gave the Accused Person’s contact number to my mother, who immediately called the Accused Person and told him that I was pregnant, is that true?
The Accused Person answered yes and that he was the one who asked me to inform my mother about the pregnancy. My mother asked the Accused Person if he is responsible for the pregnancy, and he said yes. The Accused Person told my mother that he would come to the house with his family. The following day the Accused Person came with his family. My mother asked the Accused Person if he is responsible for my pregnancy and the Accused Person answered yes. My mother informed the Accused Person that school will be reopening soon and the Accused Person told my mother that he will take responsibility of my pregnancy and also assist me to finish school.
AMICUS: My Lady, it is a Monday morning, investigators have investigated a crime that does not exist. My Lady, I believe the state has presented to the Court a non-existing case. I do not believe that state resources will be allocated to a fruitless enterprise. I suspect perjury may be at play and the witness should be reminded of being honest to the Court.
CROSS EXAMINATION OF VICTIM BY COUNSEL FOR ACCUSED PERSON
Q You told the Accused Person that as at the time you met him that you are 19 years of age, is that correct?
A: Yes
Q: So you mean that the Accused Person did not know as at the time you met him that you are 15 years old?
PROSECUTION: My Lady, I object to this question on the grounds that minor has no consent to give because ignorance of the law is no excuse.
BENCH: Rephrase your question.
Q: The fact is that you are 15 years of age but when the Accused Person met you, you told the Accused Person that you are 19 years of age, I put that to you?
A: Yes my Lady.
BENCH: Any re-examination?
PROSECUTION: No my Lady.
AMICUS: My Lady, I pray that if this issue is referred to ADR, and the fact that the Accused Person has shown a good faith of helping the victim.
BY COURT: The testimony of the Witness/Victim shall be preserved and the Court may subsequently, in the best interest of the child, recall the Victim.
Prosecution shall file disclosure and Witness Statement for Case Management Conference to commence.
Adjourned till 24th March, 2025 for Case Management Conference.
