Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DEBRAH
V.
THE REPUBLIC

(1991) JELR 63586 (HC)    
High Court  ·  20 Dec 1991 ·  Ghana
 · 
Other Citations
[1991] 2 GLR 517
CORAM
ACQUAH J

Ratio Decidendi

Core Terms Beta
chief
section
conduct
prosecution
first prosecution witness
second prosecution witness
cross-examination
charge sheet
full bench
insulting language
police investigator
chief’s palace
circumstances of each case
definition section
disrespectful language
front of the palace
offence of disrespect
stone particles
subject matter of the charge
alleged customary offence
chief of kadjebi
chieftaincy act
common use
definition sections
evidence of the first prosecution witness
full bench of the court of appeal
jurisdiction of this court
location of the essential elements
lord parker cj
lower courts
mere fact
nana ogyeabour akopim finam
national flag
necessary implication rules
particulars of his offence
part of the alleged offender
peace officer
proof of their case
provisions of any law
reference points
said language
said nana finam ii
said section
separate section
shorter oxford english dictionary
state of mind of the offender
such conduct
way of conduct


ACQUAH J.: This appeal deals with the offence of disrespect to a chief, contrary to section 53(a) of the Chieftaincy Act, 1971 (Act 370). The Act only creates the offence but does not define what language or conduct constitutes disrespect or insult to a chief. My researches also had not revealed any reported decision on this section. Hence, counsel for the appellant had appealed for some guidance to the lower courts on what is involved in this offence and what the prosecution are to prove in order to sustain this charge.

The appellant was charged under the said section 53(a) of Act 370, and the particulars of his offence read:

“Yaw Debrah alias Atikpo; mason: For that you on 13 July 1990 at Kadjebi in the Volta magisterial district and within the jurisdiction of this court did insult the chief of Kadjebi, Nana Ogyeabour Akopim Finam II by way of conduct.”

In proof of their case the prosecution called three witnesses, including the police investigator. Strangely enough, the person who is …

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