ADABELE AND OTHERS vs. THE REPUBLIC

JUDGMENT OF ESSILFIE-BONDZIE J. Originally 132 accused persons were arraigned before the Circuit Court, Bolgatanga charged with the offence of unlawful assembly contrary to section 202 (2) of the Criminal Code, 1960 (Act 29). When the case came on for hearing on 12 December 1985 all the accused persons (who will hereinafter be referred to as the appellants) with the exception of the thirteenth and sixteenth accused persons were present. Apparently because there was some urgency about the case and the circuit court judge had to be brought from Tamale to hear the case at Bolgatanga, the prosecution became anxious to have the case heard. The charges against the thirteenth and sixteenth accused persons were therefore withdrawn and the trial commenced against the appellants on the said 12 December 1985. The appellants were on that day represented by counsel and as the record of proceedings shows, they were represented by counsel throughout the trial. Even though it is obvious from the re...