[1976]DLCA434 • April 26, 1976 • Court of Appeal
REPUBLIC vs. MILITARY TRIBUNAL; EX PARTE OFOSU-AMAAH
The appellants, two of nine persons convicted by a military tribunal under the Subversion Decree, 1972 (N.R.C.D. 90), were sentenced to death for conspiracy to commit subversion, subversion, and concealment of subversion. Their death sentences were commuted to life imprisonment. They challenged the validity of the conspiracy charge, arguing that no such offence existed under the Decree, and contended that the misjoinder of charges led to a denial of natural justice.
read moreJUDGMENT OF APALOO J.A. He delivered the judgment of the court. The appellants are two of nine persons convicted by a military tribunal established under the Subversion Decree, 1972 (N.R.C.D. 90), on 13 November 1972, of three counts each of conspiracy to commit subversion, subversion and concealment of subversion. They were each sentenced in accordance with section 2 (a) of that Decree to suffer death “by shooting by firing squad.” That sentence has since been commuted by executive clemency to one of life imprisonment. It seems clear that the appellants were aggrieved by their convictions and had it been possible for them to do so, would have questioned them on appeal. But section 4 (7) of that Decree disables them from so doing as it provides that the decision of the military tribunal “shall be final and no appeal shall lie from such decision.” As the Decree denied them a right of appeal, they resorted to the supervisory jurisdiction of the High Court to question a...