[1972]DLHC2209 • June 16, 1972 • High Court
BINEY vs. THE REPUBLIC
The appellant, a General Police Corporal, along with two other police officers, was charged with extortion contrary to section 239(1) of the Criminal Code, 1960 Act 29. They were accused of demanding and obtaining a sum of N¢9.00 from Ali Mahamadu Fulani under the color of their office, knowing they were not lawfully authorized to do so. Witnesses, including a storekeeper familiar with the accused, supported the prosecution's case. The appellant denied complicity, but the magistrate found the evidence credible and conducted a proper identification parade, leading to a conviction.
read moreThe appellant was convicted on a charge of extortion contrary to section 239 (1) of the Criminal Code, 1960 (Act 29). The facts appear in the particulars of the count which are as follows: “1. Joseph Cobbina Biney: General Police Corporal; 2. Eric Mawusi: Escort Police Corporal; 3. Bernard Lawrence Salifu Neah: General Police Constable: For that you on or about the 10th day of July, 1971 at Sogakofe, in the Volta Magisterial District and within the jurisdiction of this Court being public officers and under the colour of your office, did demand and obtain cash the sum of N¢9.00 from one Ali Mahamadu Fulani, for allegedly contravening the Aliens Act, and at the time of demanding and obtaining the said money you knew you were not lawfully authorised same to do.” The demand by the appellant and his companions of a sum from Mahamadu Fulani is amply supported by witnesses whose veracity could hardly be impeached. Most impressive is the evidence of the second prosecution witness Halm...