PRACTICE NOTE: AKAKPO vs. THE REPUBLIC

[His lordship, after referring to the facts and the appellant’s conviction by the district court for stealing and his subsequent committal for sentence to the circuit court under section 178 of Act 30, continued:] The only reason why the accused was committed to the circuit court for sentence was, according to the district magistrate, the startling revelations made, that is to say, the thirteen previous convictions. But these were neither admitted nor proved strictly as the law requires. As a practice note, where an accused is convicted and committed for sentence under section 178 of the Criminal Procedure Code, 1960 (Act 30), it is the duty of the district magistrate to ask the accused (if any previous convictions are mentioned against him) to ascertain from him personally (and not even from his counsel assuming he is represented) whether the previous convictions are admitted or not. If admission is made, the magistrate shall record that fact. If the previous convictions are not adm.....