THE REPUBLIC vs HENRY NUERTY KORBOE

This case evokes very interesting and important legal issues for discussion. Before the court for consideration is a Motion on Notice for Committal for perjury filed on 06/11/13by the Applicant herein (Henry Nuerty Korboe) against the Respondent herein(Caradoc Mills Lamptey). The application, according to learned Counsel for the Applicant, is premised under S.152(1)(b) of Act 30 as amended by S.16 of Act 633. That provision of law stipulates: “152 (1) Where it appears to it that a person is guilty of perjury in a proceeding before it, the court may (a) x x x x (b) commit that person to prison for a term not exceeding six months with or without hard labour, or impose a fine not exceeding one hundred and fifty penalty units or impose both penalties in each case as for a contempt of court.” Before the motion could see the light of day, learned Counsel for the Respondent has raised a preliminary legal objection to the capacity of the Applicant to i...