REPUBLIC vs. ACCRA SPECIAL CIRCUIT COURT; EX PARTE AKOSAH

The ex parte applicant, who was standing trial before the Accra Special Circuit Court on charges of possessing Indian hemp and attempting to export Indian hemp, applied to the High Court for leave to seek certiorari to quash the circuit court’s interlocutory ruling overruling a submission of no case and calling upon him to open his defence. He also sought an interim stay of proceedings. His complaint was that the circuit court had wrongly shifted the burden of proof onto him, failed to resolve doubts in the prosecution evidence in his favour, and ignored evidential matters suggesting that other persons could have secreted the Indian hemp in the leather poufs without his knowledge. Portion of judgment: “This is a motion ex parte for leave to apply for an order of certiorari to bring up to this court for the purpose of being quashed a ruling in a criminal case at the Special Circuit Court, Accra, on a submission of no case, by which the applicant was called upon to enter his defence...” Also: “From the affidavit filed by the applicant, it is clear that he faced two charges of possessing Indian hemp and attempting to export Indian hemp.”