[1996]DLCA627 • May 30, 1996 • Court of Appeal
TOMMY THOMPSON BOOKS LTD AND OTHERS vs. THE REPUBLIC
The appellants, connected to the newspaper Free Press, were charged with two counts of intentional libel under section 1122 of the Criminal Code, 1960 Act 29, for publishing allegedly libelous material concerning Nana Konadu Agyeman Rawlings, the First Lady of Ghana. The complainant was not a public officer. The appellants challenged the jurisdiction of the court on the basis that only public officers could lay complaints under section 1122. The Circuit Court and High Court dismissed this preliminary objection, leading to this appeal.
read moreJUDGMENT OF BENIN JA. The only issue raised in this appeal is whether a person who is not a public officer can lay a criminal complaint under section 112(2) of the Criminal Code, 1960 (Act 29). The facts giving rise to the appeal are not in dispute. Briefly they are as follows: The appellants are all in one way or the other connected to the newspaper called the Free Press. They are alleged to have published certain libelous material concerning Nana Konadu Agyeman Rawlings, the first lady of the Republic of Ghana. The appellants were accordingly charged with two counts of intentional libel under section 112(2) of Act 29. They were put before the Circuit Court, Accra. A preliminary point was raised that since the complainant is not a public officer, she could not lay a complaint under this section. The circuit court dismissed this argument. An appeal to the High Court was also dismissed. This is therefore a second appeal against the dismissal of the same point. It is not in disp...