[1971]DLSC2157 • July 30, 1971 • Supreme Court •
REPUBLIC vs. MAIKANKAN AND OTHERS
Ten accused persons were committed to the High Court, Accra, charged with conspiracy to defraud, defrauding by false pretences, forgery, uttering forged documents, and making illegal payments outside Ghana. None of the charges carried the death penalty or life imprisonment. Before trial, the Chief State Attorney requested the trial be conducted without a jury due to the case's complexity, citing constitutional provisions. Defence counsel disagreed, arguing that the trial must be by judge and jury under the Criminal Procedure Code. The trial judge referred the constitutional question to the Supreme Court.
read moreBannerman C.J. delivered the judgment of the court. This is a reference by way of a case stated by Aboagye J. as a result of submissions made by counsel in the trial of the accused persons at the Criminal Sessions held at Accra on 17 June 1971. The proceedings up to the time of the said submissions were as indicated in the case stated by the trial judge as follows: “The ten accused persons were on 20 May 1971, committed by his worship Mr. E. T. A. Torto, District Magistrate, to the High Court, Accra, for trial on charges of conspiracy to defraud contrary to sections 23 (1) and 131 of the Criminal Code, 1960; defrauding by false pretences contrary to section 131 of the Criminal Code, 1960; forgery of document contrary to section 158 of the Criminal Code, 1960; uttering forged document, contrary to section 169 of the Criminal Code, 1960; and making illegal payments outside Ghana contrary to section 6 and paragraph 5 (1) of Part II of the Exchange Control Act, 1961. None of the charges.....