DRAMANU vs. THE REPUBLIC

The appellant was charged with the offence of stealing under section 124 of the Criminal Code, 1960 (Act 29). He was the secretary of the Gonja Traditional Council. He had in fact served the council for eighteen years by then. He was alleged to have stolen an amount of ¢200.00, the property of the council some time in 1968. The allegation was that two stray cattle were found in the area and, as was the custom, they were brought to the Yabonwura, the paramount ruler. The chief ordered the cows to be sold. They were sold and the amount realised was ¢200.00. According to the paramount chief (the fifth prosecution witness at the trial), when the cows were sold the amount of ¢200.00 was brought to him. But when it was tendered he instructed the accused to go and pay it into the coffers of the traditional council because it belonged to the council, but he did not do so. The accused denied the charge, but he was tried, found guilty and convicted. He was sentenced to a fine of ¢120.00 or t...