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AMOAH
V.
THE REPUBLIC

(1976) JELR 65847 (HC)

High Court 3 May 1976 Ghana
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- Held: Forfeiture of firearms under section 144 of the Criminal Procedure Code, 1960 (Act 30) is invalid if effected without first affording the owner an opportunity to be heard specifically on the issue of forfeiture, even if the owner is

Case Details

Judges:MENSA BOISON J.
Counsel:APPEA-KUBI FOR THE APPELLANT; OSEI STATE ATTORNEY FOR THE REPUBLIC.

MENSA BOISON J.

This is an appeal against a disposal order of the District Court Grade I, Goaso, forfeiting two firearms to the State by virtue of the provisions of section 144 of the Criminal Procedure Code, 1960 (Act 30).

The brief facts on which the prosecution was founded were as follows: On the day in question two friends Kwame Budu and A.B., both males, each armed with a firearm went on a hunting expedition. On seeing a group of monkeys the two were attempting to shoot when pellets from Kwame Budu’s firearm strayed injuring A.B. Kwame Budu was using a gun belonging to his father, Kwame Donkor. The complainant A.B. was the son of Kwasi Amoah, the present appellant, and was using a gun of the appellant’s on the hunting expedition. Kwame Budu was charged with possessing a firearm without authority, contrary to sections 6 and 22 (1) (a) of the Arms and Ammunition Act, 1962 (Act 118), and Kwasi Amoah and Kwame Donkor owners of the two firearms, respectively, were charged with parting …

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