THE REPUBLIC vs. HIGH COURT (FAST TRACK DIVISION) KUMASI AND THE ATTORNEY GENERAL EX-PARTE: CHARLES OWUSU ANSAH

OWUSU JSC. This is an application for Judicial Review of the Judgment of the High Court (Fast Track) Kumasi presided over by His Lordship G. K. Koomson delivered on 17th day of January 2013. The application is brought under Article 132 of the 1992 constitution and Rule 61(1) of the Supreme Court rules, 1996 C. I. 16. The Applicant herein was charged with a criminal offence of Threat of Death, contrary to section 75 of the Criminal Offences Act of 1960 and arraigned before the Circuit Court, Kumasi. The particulars of offence as stated in the charge sheet are as follows: “CHARLES OWUSU ANSAH JNR - PENSIONER:- for that you on the 8th day of march, 2008 at Okyerekrom in the Ashanti Region and within the Jurisdiction of this court, with intent to put one CHARLES KOFI OWUSU ANSAH into fear of death did threaten to kill him with a cutlass and a kitchen knife. He pleaded not guilty. The prosecution therefore proceeded to prove the charge against him and called 6 witnesses in.....