AMPOFO vs. THE STATE [1967]DLHC1450

Date	1967-03-17
Suit No.
Citation No.	[1967]DLHC1450

ARCHER J.

K. A. SARPONG FOR THE APPELLANT.

J. O. AMUI ASSISTANT STATE ATTORNEY FOR THE STATE.

[1967]DLHC1450
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													<main id="main" class="content" style="min-height: 60rem" >AMPOFO <o:p></o:p>vs. <o:p></o:p>THE STATE <o:p></o:p>[HIGH COURT, CAPE COAST]<o:p></o:p>[1967] GLR 155<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:
17 MARCH 1967.<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">

K. A. SARPONG FOR THE APPELLANT.<o:p></o:p>

J. O. AMUI, ASSISTANT STATE ATTORNEY, FOR THE
STATE.<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">

ARCHER J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ARCHER J.<o:p></o:p>The
appellant was convicted on two counts of assaulting two police officers at
Swedru on 25 August 1966 while acting in the execution of their duties contrary
to section 205 of the Criminal Code, 1960 (Act 29). The appellant who was
sentenced to three months’ imprisonment with hard labour appealed against the
conviction on the ground that the learned magistrate failed to appreciate the
true interpretation of section 205 of the Criminal Code and convicted the
appellant wrongly. He also appealed against sentence.<o:p></o:p><o:p>&nbsp;</o:p>The facts
are briefly as follows: The appellant, who was at the time the wholesale keeper
of the Ghana National Trading Corporation, was in his store when a price
inspection superintendent, the second prosecution witness, came in and
inspected his goods. When the second prosecution witness came, labourers were
loading rice onto a truck. Earlier in the morning, the second prosecution
witness had seen the district manager of the G.N.T.C. at Swedru and he had been
informed that there was no rice in stock. But later when the second prosecution
witness saw rice being loaded onto the truck at the wholesale store, he became
suspicious and reported the matter to the police. The police inspector at the
Swedru Police Station instructed Police Corporal Abannoh, the first prosecution
witness, and Police Constable Busanga, the third prosecution witness, the
complainants and the victims of the alleged assault, to accompany the price
inspection superintendent to the wholesale store. When these three gentlemen
arrived, Corporal Abannoh, the first prosecution witness, informed the
appellant that the police inspector wanted him, together with the goods being
loaded, at the police station because there was a report against him by the
price superintendent. According to Corporal Abannoh, the appellant told him
that he was not going and that Corporal Abannoh should inform the police
inspector. The corporal then told the appellant to follow him to the police
station but the appellant refused to go. The price superintendent then showed
his identity card and added that he had been delegated by the government to
inspect prices in the district. At this stage, Corporal Abannoh in his evidence
stated 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">“The
accused said that the superintendent should go away with his foolish
government. I then told the accused that in view of what he said I have
arrested him...I went and tapped him by the left shoulder to follow me to the
police station. The accused held me by the tunic with his left hand and gave me
a blow on the chest. The accused pushed me inside the wholesale and Police
Constable Awuni came to my aid. A civilian, Yaw Botchway, came to my aid when I
was in the wholesale. When Yaw Botchway entered the wholesale, the accused held
Police Constable Awuni Busanga by the shirt and the shirt got torn.”<o:p></o:p><o:p>&nbsp;</o:p>When the
price superintendent gave his version of the incident, the following was
recorded as his evidence:<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">“When we
went to the wholesale the first prosecution witness told the accused that he
was wanted at the police station. I requested the accused to produce his
invoices covering the goods and he refused to produce them. I took out my
identity card and I showed it to the accused, but still he refused to produce the
invoices. I told him that since he is resisting I would cause him to be charged
with obstructing me in the course of my duties. The accused then asked me what
powers I have got. Then I said I had the power of the government. The accused
then said what government and what has that government done for us. The accused
then said, `Foolish government, go away.’ The first prosecution witness then
said if you have spoken against the government then I have arrested you. The
first prosecution witness then tapped the accused on the shoulder and asked him
to go with him to the police station. The accused then started pushing the
first prosecution witness into the wholesale. Then Awuni came and asked the
accused to be patient.”<o:p></o:p><o:p>&nbsp;</o:p>It is
evident from the story of the price superintendent that he did not see the
appellant give the corporal a blow on the chest apart from pushing him into the
store. When Constable Awuni Busanga came to the witness-box, his version was as
follows:<o:p></o:p>