ATISU vs. THE REPUBLIC

The appellant, a clerical officer, attached to the District Administrative Office, Kpandu, was arraigned before a district magistrate at Hohoe, on 20 September 1972 on charges of five counts of extortion contrary to section 239 (1) of the Criminal Code, 1960 (Act 29). He pleaded not guilty to each of the five counts. At the close of the prosecution’s case, learned counsel for the appellant, Dr. Kludze, made a submission of no case. The learned district magistrate considered the submission at great length and gave his ruling on it. It is sufficient to say that the learned magistrate was of the view that the prosecution had adduced a sufficient and a prima facie case against the accused. Consequently, the learned district magistrate called upon the appellant to enter into his defence after rejecting the submission of no case. The appellant, aggrieved by and dissatisfied with the said ruling, now appeals to this court. In this ruling, I do not propose to deal with the substance of the s.....