[1965]DLHC1859February 3, 1965High Court

TOGBE FITI IV vs. THE STATE

The appellant, Togbe Fiti IV, Paramount Chief of Aflao Traditional Area, was convicted by a district magistrate for accepting money to influence a public officer, specifically the Volta Regional Commissioner, contrary to section 252(1) of the Criminal Code, 1960. The particulars alleged that during June 1962, the appellant offered to accept £G100 and accepted £G50 from Agbodoxo Vitor to influence the Regional Commissioner. The appellant denied the charges and contended that the complainants had a motive to frame him due to a prior arbitration dispute in which they lost and were angry with him.

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JUDGMENT OF SOWAH J. Sowah J. The appellant was on 11 August 1964 convicted and sentenced to eight months’ imprisonment by the district magistrate N. A. Tham, Esquire, for the offence of accepting money to influence a public officer contrary to section 252 (1) of the Criminal Code, 1960.1 The particulars of the offence were given as follows: “CHIEF FITI IV: Paramount Chief of Aflao Traditional Area; For that you during the month of June 1962 at Aflao in the Volta Magisterial District and within the jurisdiction of this court, did offer to accept valuable consideration in the sum of £G100 under pretence of being able so to influence Mr. Hans Kofi Boni, Volta Regional Commissioner in respect of his functions as a public officer and did accept the sum of £G50 from Agbodoxo Vitor to influence the said Hans Kofi Boni, the Volta Regional Commissioner.” Counsel submitted that the statement of offence and the particulars as they stood at the beginning of the trial were bad for du...