ASANTE vs. THE REPUBLIC

The appellant, Kwasi Asante, a lorry driver, was accused of unlawfully assaulting a police officer, Constable Mikporso Abalo, who was executing his duty by inviting the appellant to the police station following a complaint by a schoolgirl, Abena Kisiwaah, that the appellant had assaulted her. The police officer, in mufti, approached the appellant who was on his lorry and asked him to accompany him to the police station. The appellant refused and a physical altercation ensued, during which the appellant slapped and kicked the officer, causing injuries and damage to the officer's trousers. The appellant contended that the police officer unlawfully seized his ignition key and that he used reasonable force to retrieve it. The police officer did not inform the appellant of the grounds for arrest or invitation to the station. The appellant was convicted by the District Court Grade II and appealed.

By its judgment dated 25 June 1971, the District Court Grade II, Berekum, presided over by his worship Mr. Osei Kwadwo, convicted the accused on each of the following charges: “STATEMENT OF OFFENCES 1. Assault on public officer, section 205 of Act 29/60. 2. Causing damage, section 172 of Act 29/60. PARTICULARS OF OFFENCES 1. KWASI ASANTE , lorry driver, for that you on the 1st day of December, 1970, at Nsoatre in the Brong-Ahafo magisterial district and within the jurisdiction of this court, did unlawfully assault one No. 16688 EC/2 Mikporso Abalo, a peace officer then in the execution of his duty as such. 2. KWASI ASANTE, lorry driver, for that you on the same date and place aforesaid in the Brong-Ahafo magisterial district and within the jurisdiction of this court, did intentionally and unlawfully cause damage to one gabardine trousers value N¢12.00 the property of Constable Mikporso Abalo.” Upon the convictions the order of the sentence read: “Accused [was] sente...