[1973]DLCA2266 • June 22, 1973 • Court of Appeal
REPUBLIC vs. MAIKANKAN AND OTHERS
Ten accused persons were committed to the High Court, Accra, on charges including conspiracy to defraud, forgery, and illegal payments outside Ghana. Six accused were acquitted following a no-case submission. The second and third accused called witnesses who failed to appear despite subpoenas being served. Warrants for arrest of these witnesses were issued but the witnesses could not be found. The accused sought adjournment to secure their testimony.
read moreAzu Crabbe C.J. delivered the ruling of the Court. Section 95 (3) (b) of the Courts. Act, 1971 (Act 372), under which Aboagye J. has stated this case for our consideration reads as follows: “(3) A judge of the High Court . . . may at any time before judgment - (b) . . . on the trial of any criminal case . . . reserve for the consideration of the Court of Appeal on a case stated by him any question of law which may arise in the trial.” The case stated is 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...