ISSAH vs. THE REPUBLIC [2000]DLCA328

Date	2000-04-13
Suit No.
Citation No.	[2000]DLCA328

AFREH JA

AKOTO-BAMFO JA

AMONOO-MONNEY JA

APPELLANT IN PERSON.

NAA MERLEY WOOD

SENIOR STATE ATTORNEY

FOR THE REPUBLIC.

[2000]DLCA328
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<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">ISSAH<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">THE REPUBLIC<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1999-2000] 2 GLR 45<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.0pt;
mso-border-bottom-alt:solid black .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid black .5pt;
padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Date: 13 APRIL 2000<o:p></o:p>

</div>COUNSEL:APPELLANT IN
PERSON.NAA MERLEY
WOOD, SENIOR STATE ATTORNEY, FOR THE REPUBLIC.___________________________________________________________________________________________________________________________CORAM:AFREH,
AKOTO-BAMFO AND AMONOO-MONNEY JJA___________________________________________________________________________________________________________________________JUDGEMENT<o:p></o:p>Afreh JA. <o:p></o:p>This is an appeal from the judgment of the Brong Ahafo Regional
Tribunal, presided over by Mr Justice K Adu-Gyamfi sitting with Mr Moses K Ansu
and Mr Akomsi Mensah as panel members at Sunyani on 12 February 1999.<o:p></o:p>The appellant was charged with two counts of defrauding by false
pretences, contrary section 131 of the Criminal Code, 1960 (Act 29). The
particulars of offence of the first count alleged that in January 1998 the
appellant obtained from one Asare Kwame Bediako, a businessman in Sunyani, one
video camera valued at ¢600,000 and six “mounting” bicycles valued at
¢1,200,000, all totaling ¢1,800,000, by falsely representing to Asare Kwame
Bediako that he could supply him with two cows from Burkina Faso. The
particulars of the second count alleged that by a similar false pretence the
appellant obtained a video camera, also valued at ¢1,200,000, from one Simon
Kwaku Yeboah. The appellant pleaded guilty to both offences and was sentenced
to two years imprisonment with hard labour on each count. It is not clear whether
they were to run concurrently or consecutively. According to the record of
proceedings, the sentences of imprisonment were to “run cumulative” (sic): (the
proper term is concurrent), but according to the notice of appeal the appellant
was sentenced “to two years imprisonment with hard labour on each count to run
consecutively.” The appellant was unrepresented. It appears the notice of
appeal was prepared by or with the assistance of the prisons authority at
Sunyani where he is being kept. If that is so, then it seems the prison records
show that he is serving two consecutive terms of two years imprisonment with
hard labour. For the avoidance of doubt and confusion, it is essential that
trial courts and tribunals use the correct terms or terminology in any
information they send to the prisons and other authorities.<o:p></o:p>The appellant has appealed on two main grounds, namely: (a) the
sentence was harsh and excessive in the circumstances of the case and (b) the
trial tribunal failed to consider whether or not the facts are enough to ground
conviction. Before the court proceeds to consider these grounds, if at all, it
is necessary for it to deal with an irregularity it has found in the initiation
and conduct of the prosecution of the offences with which the appellant was
charged. According to the record of proceedings the charge sheet was signed by
one Chief Inspector E K Baidoo who also appeared as the prosecutor at the
trial.<o:p></o:p>The question is whether the police, without the Attorney-General’s
authority, have the power or right to initiate and conduct prosecutions in the
Regional Tribunal (or, for that matter, in any court). The power and right to
initiate and conduct the prosecution of criminal cases in the name of the
Republic are conferred on the Attorney-General by article 88(3) and (4) of the
Constitution, 1992 which provide:<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">“(3) The Attorney-General shall be responsible for the initiation
and conduct of all prosecutions of criminal offences. <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">(4) All offences prosecuted in the name of the Republic of Ghana shall
be at the suit of the Attorney-General or any other person authorised by him in
accordance with any law.”<o:p></o:p>The authority of the Attorney-General cannot be assumed or
presumed. It is not, and cannot be, acquired by practice or prescription. The
fact that a person or an institution has been prosecuting cases in the name of
the Republic does not mean that it has acquired the right or power to do so.
The Attorney-General’s authority must be given in the manner prescribed by law.
In the case of the power of the police to prosecute, the authority of the
Attorney-General was given by the Appointment of Public Prosecutors Instrument,
1976 (EI 4) which was made by the Attorney-General in exercise of his powers
under section 56 of the Criminal Procedure Code, 1960 (Act 30). This section
provides:<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">