NYARKO vs. REPUBLIC

LUTTERODT JA. On 9 July 1992 this court allowed the appeal and reserved reasons which I now proceed to give. The appellant was a Lieutenant attached to the Army Health Department of the Military hospital, Accra, the unit which is said to be popularly known as the “Hygiene Wing.” Travelers from Ghana to other countries and who need to be immunised against certain endemic diseases, like yellow fever, typhoid, cholera and the like receive, both their inoculations and their certificates from this Department. In the early part of January 1989, it was discovered that false inoculation certificates were being unlawfully issued to travelers. On 30 February 1989, the accused was found in a toilet in this Department allegedly stamping inoculation certificates with two forged stamps. He was however not arrested on the spot but he is alleged to have confessed later before his superior officer. He was therefore arraigned before a General Court Martial, charged with three offences. On 13 May...