REPUBLIC vs. ASAFU-ADJAYE

JUDGMENT OF AKUFO-ADDO C.J. Akufo-Addo C.J. delivered the ruling of the court. As a result of findings made against the respondent by the commission appointed to inquire into irregularities and malpractices in the grant of import licences, the Attorney-General, acting in pursuance of section 4 of the Corrupt Practices (Prevention) Act, 1964 (Act 230), instituted proceedings against the respondent in the High Court. The respondent was charged with three counts of conspiracy to commit extortion and one count of conspiracy to commit corruption. Section 8 (1) of Act 230 provides in substance, that where proceedings are instituted against a person under section 4 of the Act, he shall be convicted of the offence charged against him on the basis of the findings of the commission unless he establishes to the satisfaction of the court that the findings of the commission cannot be sustained. The respondent attempted to do this by legal argument when he appeared before the High Court on divers...