The Criminal Division of the High Court in Accra has struck out the case against 28-year-old Akwasi Agbenyenu, who was on trial for allegedly assaulting and raping a 40-year-old woman in Achiaman, located in the Ga West Municipality.
The decision was made after State Attorney Abena Kunadu Agyei filed a nolle prosequi, formally indicating the state’s decision to discontinue the prosecution. As a result, the court, presided over by Her Ladyship Justice Mary M.E. Yanzuh, officially withdrew the case.
Agbenyenu had been facing trial over allegations dating back to December 2018, when he was accused of attacking and sexually assaulting the victim. However, with the prosecution opting not to proceed, the legal proceedings have now come to an end.
No official explanation was provided for the withdrawal, raising questions about whether new evidence, legal challenges, or other considerations influenced the state’s decision.
Background
Agbenyenu was accused of attacking a female Nigerian national residing at Achiaman, on December 7, 2018.
According to the prosecution, the victim was selling food in front of her shop around 9:00 p.m. when Agbenyenu allegedly assaulted her son. When victim confronted him, the suspect allegedly turned on her, dragged her to a fenced area, and forcibly raped her.
The prosecution further alleged that Agbenyenu then dragged the victim, still naked, approximately 500 meters into a bush, where he raped her a second time as she screamed for help. Her cries alerted residents, prompting a search party that discovered the crime scene.
The suspect fled upon seeing the search party, but the complainant later reported the incident to the police, leading to his arrest.
At the crime scene, police reportedly recovered the suspect’s slippers as evidence. Agbenyenu was subsequently charged with assault, contrary to Section 84 of the Criminal Offences Act 29/60, and rape, contrary to Section 97 of the same act.
Legal Proceedings
On October 10, 2023, Agbenyenu pleaded not guilty to both charges. He was later granted bail on October 23, 2023, set at GHS 300,000 with two sureties, all to be justified. However, with the state now discontinuing the case, Agbenyenu is no longer facing prosecution.
State Attorney Abena Kunadu Agyei did not provide reasons for the state’s decision to withdraw the case. It remains unclear whether new evidence or other legal considerations influenced the decision.