ASAGBA vs. THE STATE [1966]DLSC1656

Date	1966-02-28
Suit No.
Citation No.	[1966]DLSC1656

MILLS-ODOI JSC

BRUCE-LYLE JSC

SIRIBOE J.S.C.

G. D. AMPAW FOR THE APPELLANT.

K. A. SEKYI STATE ATTORNEY FOR THE RESPONDENT.

[1966]DLSC1656
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													<main id="main" class="content" style="min-height: 60rem" >ASAGBA <o:p></o:p>vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1966] GLR 214<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
28 FEBRUARY 1966.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

G. D. AMPAW FOR THE APPELLANT.<o:p></o:p>

K. A. SEKYI, STATE ATTORNEY, FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

MILLS-ODOI, BRUCE-LYLE AND SIRIBOE
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF BRUCE-LYLE J.S.C.<o:p></o:p>Bruce
Lyle J.S.C. delivered the judgment of the court. This is an appeal against the
judgment of Archer J. dismissing summarily the appellant’s appeal against the
decision of a district magistrate, at Accra, dated 26 July 1964.<o:p></o:p><o:p>&nbsp;</o:p>In this
case the appellant was charged with deceit of a public officer, contrary to
section 251 of the Criminal Code, 1960,1 the particulars of the offence being
as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“SALIFU
ASAGBA: Driver, for that you on or about the 7 May 1964, in Accra, in the Accra
Magisterial District, and within the jurisdiction of this court, with intent to
injure one Augustine Awotwi, building inspector of G.N.C.C., Nsawam, did
endeavour to deceive a public officer, to wit, the Commissioner of Police,
Accra, and other members of the Ghana Police Service, by making a false written
statement to the said Commissioner of Police and other members of the Ghana
Police Service, that the said Augustine Awotwi had obtained cash the sum of
£G10 from one Madam Meria Adjoa and had refrained from prosecuting the said
Meria Adjoa for the erection of an unauthorised building at Adoagyiri, which
statement you knew at the time of making to be false, or have no reason to
believe to be true. Contrary to section 251 of Act 29.”<o:p></o:p><o:p>&nbsp;</o:p>The case
for the prosecution is that the appellant lived in the same house with one
Meria Adjoa the third prosecution witness, at Adoagyiri in Nsawam. Some time
ago the third prosecution witness bought four rooms of a house in the Zongo
area of Adoagyiri from one Awudu Sodangi. Later on the appellant also bought
two rooms of the same house from the said vendor and the appellant and the
third prosecution witness occupied their respective portions which were made of
swish. The third prosecution witness’s portion had a verandah also made of
swish in front of her rooms at the time of purchase. Later on the third
prosecution witness reconstructed this verandah with cement blocks and also
attempted to construct a cement wall and a drain between her portion and that
of the appellant. The appellant also attempted to renovate his rooms with
cement blocks and these attempted renovations resulted in a dispute between the
parties as to the correct position of their boundary and this dispute resulted
in a court action. It was after this court action that the appellant on 26
April 1964 wrote a letter, which is the subject-matter of this charge, to the
Commissioner of Police in the following terms:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Sir, <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">HOUSE No.
J.42 ADOAGYIRI/ZONGONo. J.42 ADOAGYIRI/ZONGOThe above-mentioned house was a
single dwelling-house of swish rooms. One Madam Meria Adjoa was in possession of
two swish rooms thereof on the west, long before I also bought two rooms in the
said house on the northern side. I demolished these two rooms, and made them
into block ones. Soon after the completion of this the said Madam Meria Adjoa
made a long verandah attached to her swish rooms with blocks. The building
inspector at Nsawam, in the course of his inspection found this out and took
most serious view of the matter, since she had not submitted a plan for his
approval. She told me that he had threatened to prosecute her. Later on she
told me that the inspector had agreed to overlook the matter, having satisfied
him with £G10 (ten pounds). This woman had no plan for that construction. If
she is now having one, that fact is unaltered; in that the old swish rooms are
still swish rooms whereas the verandah is but of blocks. Would any such recent
plan indicate that the rooms are of swish and that the verandah of blocks,
whereas physical test of the premises confirms truth? There is however another
aspect of a case from the above house, but unrelated to the question of the
verandah above-mentioned. And that matter is now pending before the court. In
brief it arose from the fact that the said lady converted the entrance of the
house into a sleeping room and also made a party wall, thus separating me from
the above dwelling-house, thus further blocking my free comings and goings to
and fro my section of the house. I have the honour to be, Sir, Your Obedient
Servant, His SALIFU ASAGBA X RTP. Mark.”<o:p></o:p><o:p>&nbsp;</o:p>