BEDIAKO vs. THE REPUBLIC

JUDGMENT OF SARKODEE J. The appellant and one Benjamin Kwabena Bediako, a cousin of his, were charged jointly with the offence of extortion contrary to section 239 (1) of the Criminal Code, 1960 (Act 29). The first accused is at large therefore the charge against him having been withdrawn the trial proceeded against the second accused in the circuit court which convicted him on 5 August 1974 and sentenced him to two years’ imprisonment with hard labour. The accused dissatisfied appealed against the said conviction on the following grounds: “(a) The judgment is unreasonable or cannot be supported having regard to the evidence. (b) The learned trial judge erred in law in requiring the appellant to prove the alibi filed.” The following additional grounds of appeal were also filed and argued: “(1) The learned trial judge did not give any or adequate or proper consideration to the case of the defence which was mainly an alibi. (2) The defence of alibi of the accused [...