BONI AND ANOTHER vs. THE REPUBLIC

Azu Crabbe J.A. delivered the judgment of the court. On 28th July 1969 the two appellants, who had been jointly charged with offences under section 1 of the Public Property(Protection) and Corrupt Practices (Prevention) Act, 1962 (Act 121), were convicted by Edward Wiredu J. and were each sentenced to six years’ imprisonment with productive hard labour. The first appellant was charged on five counts, and the second appellant alone was charged on the sixth count. The statement and particulars of offence in the first count, which, except for dates and amounts, were the same as in the other five counts, were in these terms: “FIRST COUNT STATEMENT OF OFFENCE DISSIPATION OF PUBLIC PROPERTY THROUGH CARELESSNESS: contrary to section 1 of the Public Property (Protection) and Corrupt Practices (Prevention) Act, 1962. PARTICULARS OF OFFENCE HANS KOFI BONI on or about the 25th day of October, 1964, at Ho in the Volta Region by reason of a careless attitude to the affairs of the Indus...