AGYEMANG II vs. THE REPUBLIC

JUDGMENT OF FORSTER JA. The appellant, Nana Oppong Sarfo Agyemang II, is the chief of Bawere in the Ashanti Region. On 5 August 1991 he was arraigned before the Circuit Court, Kumasi on a charge of stealing “three wooden electric poles valued at ¢75,000, the property of Bawere citizens.” At the close of the case for the prosecution, learned counsel for the defence submitted that the accused person had no case to answer. In a very brief ruling, warranted of course by the simple nature of the case, the learned circuit judge held that the prosecution had made out a prima facie case against the accused. The appellant’s subsequent appeal to the High Court, Kumasi was dismissed. It is from the judgment of the appellate High Court that the appellant appealed to this court. On 4 March 1993 we dismissed this appeal and reserved our reasons and accordingly, we now give our reasons. This being a second appeal, we are guided by Azu Crabbe CJ’s dictum in Kwesi v The Republic [1977] 1...