[1974]DLHC2259 • November 19, 1974 • High Court
BADU vs. THE REPUBLIC
The appellant, editor of The Spokesman newspaper, was convicted of intentional libel for publishing an editorial alleging improper appointment of Supreme Court judges, including the first prosecution witness, who was also Interim Electoral Commissioner. The editorial suggested the appointment was a political reward. The appellant was sentenced to a day's imprisonment and a fine. He appealed against conviction on grounds including unfair trial and refusal to refer constitutional questions to the Supreme Court.
read moreThe appellant was convicted of the offence of intentional libel by the Circuit Court, Accra, on 12 February 1971, and was sentenced to a day’s imprisonment and a fine of ¢500.00 or a term of six months’ imprisonment. He appealed to this court against his conviction on three grounds, namely: (1) The judgment is unreasonable and cannot be supported; (2) The appellant was denied a fair trial inasmuch as he was prevented from leading evidence on matters on which the Republic were permitted to lead evidence; and (3) The learned trial judge erred in refusing to refer questions on the interpretation of the Constitution, 1969, and matters falling within article 124 thereof to the Supreme Court. I will briefly state the facts of the case. The appellant was at the material time the editor of a newspaper called The Spokesman. On 11 August 1970, The Spokesman carried a front page editorial comment on the appointment of judges to the Supreme Court, as established under the suspended Cons...