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ILLIASU AND ANOTHER
V.
THE REPUBLIC

(1968) JELR 86653 (HC)

High Court 31 Jul 1968 Ghana
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Case Details

Judges:EDUSEI J.
Counsel:Dr. de Graft-Johnson for the appellant. G. E. K. Aikins, State Attorney, for the respondent
Location:Accra
Other Citations:[1968] GLR 742 - 748

JUDGMENT

Edusei J. The first appellant was on 2 October 1967 convicted by the Circuit Court, Accra, of the offence of extorting money in the sum of N¢400.00 from one Amina Dagomba by means of threats, contrary to section 151 (1) of the Criminal Code, 1960 (Act 29), and was sentenced to three years' imprisonment with hard labour. The second appellant who was a defence witness at the trial of the first appellant was, after the conviction of the first appellant, also convicted of perjury and sentenced to three months' imprisonment with hard labour.

I shall proceed to deal with the case of the second appellant. It is beyond doubt that the circuit judge in convicting the second appellant for perjury was exercising his summary powers under section 152 of the Criminal Procedure Code, 1960 (Act 30). The learned state attorney at first attempted to support the conviction of this appellant and after addressing his mind to the evidence and the authorities like Commissioner of Police v. Wood (1956)…

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