ILLIASU AND ANOTHER vs. THE REPUBLIC

The first appellant was on 2 October 1967 convicted by the Circuit Court, Accra, of the offence of extorting money in the sum of N¢400.00 from one Amina Dagomba by means of threats, contrary to section 151 (1) of the Criminal Code, 1960 (Act 29), and was sentenced to three years' imprisonment with hard labour. The second appellant who was a defence witness at the trial of the first appellant was, after the conviction of the first appellant, also convicted of perjury and sentenced to three months' imprisonment with hard labour. I shall proceed to deal with the case of the second appellant. It is beyond doubt that the circuit judge in convicting the second appellant for perjury was exercising his summary powers under section 152 of the Criminal Procedure Code, 1960 (Act 30). The learned state attorney at first attempted to support the conviction of this appellant and after addressing his mind to the evidence and the authorities like Commissioner of Police v. Wood (1956) 1 W.A.L.R. 7....