REPUBLIC vs. ATTORNEY-GENERAL; EX PARTE ABBEY [1993]DLCA847

Date	1993-04-08
Suit No.
Citation No.	[1993]DLCA847

AMUAH JA

BROBBEY JA

FORSTER JA

W A N ADUMA-BOSSMAN FOR THE APPELLANT.

OSAFO SAMPONG CHIEF STATE ATTORNEY FOR THE REPUBLIC.

[1993]DLCA847
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">REPUBLIC<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ATTORNEY-GENERAL; EX PARTE ABBEY<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1993-94] 1 GLR 594<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">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 8 April
1993<o:p></o:p>

</div>COUNSEL:<o:p></o:p>W A N ADUMA-BOSSMAN FOR THE APPELLANT.<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">

OSAFO SAMPONG CHIEF STATE ATTORNEY FOR THE REPUBLIC. <o:p></o:p>

AMUAH, BROBBEY AND FORSTER JJA<o:p></o:p>

</div>JUDGMENT OF AMUAH JA.<o:p></o:p>This is an appeal against the ruling of the High Court, Sekondi
dated 27 January 1992 for refusing to grant an order of certiorari to quash the
conviction and sentence imposed on the appellant in 1964. the brief facts of
the case are as follows:<o:p></o:p>On 7 September 1964 the appellant was convicted on two charges of
(1) attempted stealing; and (2) stealing of a cheque leaf of a customer of the
Bank of West Africa (now Standard Chartered Bank) by the Circuit Court,
Takoradi and sentenced on the first charge to twelve pounds or in default one
month’s imprisonment and a fine of £40 or in default to be committed to prison
for two months with hard labour. The fines were paid. The facts on which the
prosecution relied to establish their case were not recorded and all attempts
to obtain this information from the police or court dockets have failed because
the dockets could not be traced. The convictions stood against him, he did not
appeal and did not consider them to be of any consequence.<o:p></o:p>In 1987, however, the appellant was nominated, elected and
installed as the Paramount Chief of Prampram. He then applied to the Government
of the Republic of Ghana for recognition but the government refused to accord
him the recognition. In the circumstance he applied to the High Court for an
order of certiorari to bring up and quash his conviction and the sentence
imposed on him in case number 1405/1964 entitled State v Samuel Abbey, Circuit
Court, Takoradi, 7 September 1964, unreported. This application suffered a set
back at the initial stages, for the application was dismissed for not being
brought within six months of the conviction, and the order made by the court
extending the time within which the application could be made was appealed
against by the Republic and the application was struck out for want of
prosecution.<o:p></o:p>When eventually those hurdles were removed, learned counsel for
the appellant at the hearing of the motion urged the court to quash the
convictions and sentences imposed on the appellant because section 171 of the
Criminal Procedure Code, 1960 (Act 30) was not complied with. He stated, among
other grounds, that the facts given by the prosecution in support of their case
were not recorded by the circuit judge and went further to stress that even if
the facts had been recorded they would not have supported the charges. He cited
Mosi v Bagyina [1963] 1 GLR 337, SC and a host of authorities in support of his
case. For a complete understanding of the appellant’s case, I reproduce a full
text of his affidavit in support of this motion paper:<o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l0 level1 lfo1;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(1). I am the paramount chief of
the Prampram Traditional Area, having been duly nominated, elected and
installed in accordance with the custom and usage of the said traditional area,
in succession to the late Nene Anorkwei II. My stool name or royal style and
title is Nene Agbo III. <o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l0 level1 lfo1;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(2). In 1987 I was denied
recognition by the government, which has refused to publish my particulars as
paramount chief in the Local Government Bulletin or the Gazette on the ground
that I was sometime ago convicted of stealing and sentenced accordingly. <o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l0 level1 lfo1;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(3). It is perfectly true that I
was convicted and sentenced as alleged, but I am advised and verily believe
that my said conviction which occurred in 1964 in the Circuit Court, Takoradi
was wrong in law and further or in the alternative that the relevant
proceedings on the day of my trial were null and void as being in breach of the
Criminal Procedure Code, 1960 (Act 30). <o:p></o:p></span</main>