A dramatic event unfolded at the Dansoman Circuit Court on Tuesday, leaving the courtroom in turmoil after a 15-year-old girl contradicted the prosecution’s case in a defilement trial involving Clifford Addo, a 24-year-old untrained teacher.
Testifying before Her Honour Halimah El-Alawa Abdul-Baasit, the teenager, who is in Senior High School Form 1 and pregnant, admitted she had lied to Clifford Addo about her age, claiming to be 19 years old to pursue an intimate relationship with him.
She further revealed that Clifford Addo had taken responsibility for her pregnancy and had visited her mother with his family to discuss the situation. This unexpected admission stunned the prosecution.
Lead prosecutor Chief Inspector Aboagye immediately objected, labeling the witness hostile and arguing that her testimony contradicted her earlier statements and misled the Prosecution. The prosecution requested an adjournment to address the discrepancy.
Defence counsel Isaac Arko Inkum strongly opposed the adjournment request and objection, asserting that the prosecution’s claim of a hostile witness was baseless and intended to distract the court.
Legal Observations and Reactions
The proceedings took another twist as lawyers unaffiliated with the case offered amicus briefs, questioning the merit of the charges.
They argued that the case lacked legal foundation and suggested the state should not pursue a matter they deemed a waste of resources.
Background of the Case
Clifford Addo has been charged under Section 101(1) of the Criminal Offences Act 1960 (Act 29) for defilement of a female child under 16 years, a charge he has pleaded not guilty to.
According to court documents, the complainant, David Boadu, the teen’s 24-year-old brother, reported Clifford Addo to the police after discovering his sister was pregnant.
The girl initially identified Clifford Addo as responsible for the pregnancy, leading to his arrest. In his caution statement, Clifford Addo reportedly admitted to engaging in sexual activity with the girl, but denied knowledge of 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 innocent until proven guilty.
Judge 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.
Clifford Addo is required to deposit his Ghana Card at the court registry and report to the police station bi-weekly until further notice.
Defense counsel 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 Clifford Addo’s presence at subsequent hearings.
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 a 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 is 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 will 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, investigation has 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.
