[1971]DLSC2151 • July 30, 1971 • Supreme Court •
REPUBLIC vs. ASIAMAH
The accused was on trial on indictment for conspiracy to steal, stealing, and forgery. The trial was before a High Court judge with a jury. During the trial, the defense raised constitutional issues regarding the jurisdiction of the court to try the case with a jury, arguing that the offences charged were not punishable by death or life imprisonment and thus the trial by jury was invalid.
read moreBannerman C.J. delivered the judgment of the court. In this case referred to this court by way of a case stated under article 106 (2) of the Constitution, 1969, the points raised for determination are as to: “(1) Whether by virtue of article 20 (2) (a) of the Constitution, 1969 this court has no jurisdiction to try this case on indictment with a jury; (2) Whether article 1 (2) of the Constitution overrides section 404 of the Criminal Procedure Code, 1960 (Act 30), as a provision of the Criminal Procedure Code. (3) Whether article 20 (2) (a) of the Constitution overrides the provisions of the Criminal Procedure (Trial by Jury) Instrument, 1966 (L.I. 499), and section 204 of Act 30 as provisions of the Criminal Procedure Code.” These issues arose during the trial on indictment of the accused person on various counts of conspiracy to steal contrary to section 23 (1) and 124 of the Criminal Code, 1960 (Act 29), stealing contrary to section 124 of Act 29 and forgery contrary to ...