THE REPUBLIC vs. CONSTABLE FEDELIX KWAME YEBI AND CORPORAL ANTHONY KWESI AVALIFO

ACQUAH, J.S.C: On 15th July, 1997, Constable Yebbi and Cpl. Avalifo were arraigned before the Greater Accra Regional Tribunal on charges of conspiracy to steal and stealing ¢100,000,000.00 contrary to section 23(1) and 124(1) respectively of the Criminal Code 1960 (Act 29). The money is said to belong to the National Democratic Congress (NDC), a political party registered under the Political Parties Registration Law 1992, (PNDCL 281). In the course of the trial the accused challenged the jurisdiction of the tribunal. They pointed out that under Article 143(1) of the 1992 Constitution, a regional tribunal has jurisdiction to try such offences against the state and public interest as Parliament may by law prescribe. But the offences they were facing could not be said to be against the state or public interest since the money involved was admitted to belong to a political party which obviously is not a state institution, neither is the theft of a political party's money, an offence....