GABA vs. THE REPUBLIC

JUDGMENT OF SOWAH C.J. On 30 January 1986 I allowed the appeal from the ruling of the learned magistrate sitting at the District Court, Grade I, Lartebiokorshie in which he rejected a submission of no case to answer by counsel for the appellant on the ground that a prima facie case had been made against the appellant and consequently called upon her to make her defence. The appellant appealed from that ruling to the High Court. The appellant was charged under section 207 of the Criminal Code, 1960 (Act 29), which provides: “207. Any person who in any public place or at any public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall be guilty of misdemeanour.” The particulars of offence were given as follows: “Rebecca Gaba student: For that you on 26 January 1985 at about 10 am at Mataheko in the Greater Accra Magisterial District and wit...