[1978]DLHC1160 • June 19, 1978 • High Court
OHENE-DJAN vs. ATTORNEY-GENERAL
The plaintiff, Dr. Ignatuis Lawrence Ohene-Djan, was arrested and charged with murder. The case was transferred from Sunyani to Accra High Court. During trial, the plaintiff was tried by a jury. The prosecution closed its case without the trial judge ruling on whether the plaintiff had a case to answer. Subsequently, without the plaintiff personally pleading guilty, the judge convicted him of manslaughter based on an application by the plaintiff's counsel to rely on section 239(2) of the Criminal Procedure Code. The plaintiff contended that this procedure was irregular and violated his right to a fair trial, claiming he was framed and prejudiced by pretrial publicity.
read moreJUDGMENT OF AMUA-SEKYI J. The writ issued by the plaintiff, Dr. Ignatuis Lawrence Ohene-Djan, is endorsed with the following relief: “The plaintiff’s claim is for: an order of declaration that the plaintiff’s trial for murder and subsequent conviction of manslaughter on 11 August 1975 is a nullity, void or voidable at the instance of the plaintiff as being contrary to law and fair trial; and constitute such legal irregularity which has occasioned a substantial miscarriage of justice, thus such conviction, sentence and warrant of imprisonment be declared null and void, cancelled and set aside.” It was accompanied by a statement of claim in the material parts of which the plaintiff averred as follows: “(3) That the plaintiff states that on or about 9 May 1975, the plaintiff was arrested at Sunyani by the police and subsequently accused of an offence of murder together with one other person. (4) The plaintiff states that the then Chief Justice transferred the case...