[1968]DLSC15166July 1, 1968Supreme Court

AKAINYAH AND ANOTHER vs. THE REPUBLIC

The two appellants were prosecuted following adverse findings made against them by the Ollennu Commission appointed under the Corrupt Practices Prevention Act, 1964 (Act 230). They were charged with offences including offering to give bribe to influence a public officer, accepting bribe to influence a public officer, conspiracy to commit extortion and corruption. The Attorney-General preferred the charges under section 4(1) of Act 230 on the basis of the commission’s findings. At trial, the first appellant denied the allegations and challenged the evidence relied on by the commission, while the second appellant substantially repeated the facts earlier given before the commission. The trial judge convicted both appellants and imposed terms of imprisonment. Portion of judgment: “As a result of adverse findings made against them by the Ollennu Commission… the two appellants were prosecuted on various counts… The Attorney-General preferred these charges… on the basis of the findings made against them by the commission… the learned judge proceeded to convict each appellant…”

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JUDGMENT OF A Apaloo J.A. delivered the judgment of the court. As a result of adverse findings made against them by the Ollennu Commission appointed under the Corrupt Practices (Prevention) Act, 1964 (Act 230), (hereinafter referred to as the Act) the two appellants were prosecuted on various counts of offering to give bribe to influence a public officer, accepting bribe to influence a public officer, conspiracy to commit extortion and corruption. Availing himself of the power conferred on him by subsection (1) of section 4 of the Act, the Attorney-General preferred these charges against the appellants on the basis of the findings made against them by the commission. In due course, the charges came an for hearing before Azu Crabbe J.A., sitting as an additional judge in the High Court. The [p.552] appellants requested the court to invoke the Powers conferred on it by subsection (2) of section 6 of the Act and allow them to call evidence. The court acceded to this request and both ap...