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DEBRAH
V.
THE REPUBLIC

(1991) JELR 63586 (HC)

High Court 20 Dec 1991 Ghana
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- Section 53(a) of the Chieftaincy Act, 1971 requires the prosecution to prove that the accused knowingly used disrespectful or insulting language or conduct directed at a chief; mere violation of custom or annoyance is insufficient. - Conv

Case Details

Judges:ACQUAH J
Counsel:ADZOVIE FOR THE ACCUSED; NO APPEARANCE FOR OR ON BEHALF OF THE REPUBLIC.
Other Citations:[1991] 2 GLR 517


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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