DARKWA AND ANOTHER vs. THE REPUBLIC

The appellants were tried by the District Magistrate, Grade I, Sogakofe, and convicted on a charge of extortion under section 239 of the Criminal Code, 1960 (Act 29), and sentenced to six months’ imprisonment with hard labour each. At the time of the alleged offence they were both escort police constables and were alleged to have demanded and obtained the sum of ¢10.00 from one Nuborbi Adzokatse under colour of their office. They were stationed at Adidome. The grounds of appeal filed are: (a) The judgment cannot be supported having regard to the evidence. (b) The learned magistrate failed to consider fully the defence of the appellants. The case for the prosecution is that on 24 April 1971 the complainant, the first prosecution witness, travelled on the truck of the fifth prosecution witness to Adidome Poultry Farm to buy some chicks. On their arrival at Adidome at 8 a.m., they saw the appellants both in uniform near the police station. The appellants stopped the fifth pros...