OMENAKO vs. THE REPUBLIC

JUDGMENT OF ANTERYI J. At the trial Circuit Court, Ho, his honour, Judge Torto, the presiding judge, after delivering a very ably written judgment on 23 May 1974, did convict the appellant of smuggling, contrary to section 49 (1)(a) of the Customs and Excise Decree, 1972 (NRCD 114), and sentenced him to five years’ imprisonment with hard labour with an order that the car and the goods involved “be confiscated and forfeited to the Republic.” During the hearing of this appeal, the only ground relied on by Mr. Ennison, learned counsel for the appellant, was the second additional ground that, “The trial court took upon itself to exercise a jurisdiction it did not possess, and its decision therefore amounts to nothing.” Nullity, if there be, of the decision, could be resolved from the arguments advanced by Mr. Ennison and countered by Mr. Kotey, learned state attorney. The ground of lack of jurisdiction on which the appeal hinges cannot better be determined with...