Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1979) JELR 65724 (HC)    
High Court  ·  14 Aug 1979 ·  Ghana

Ratio Decidendi

Core Terms Beta
circuit court
agricultural officer
accused persons
military tribunal
subversion decree
bags of fertilizer
circuit court judge
first accused
new trial
staff sergeant
courts act
senior state attorney
way of legal aid
circumstances of the case
following day
ghana-upper volta border
guilty pleas
high court
jurisdiction of this court
mr. agudetse
state attorney
years’ imprisonment
border guards officers
criminal code
first appellant
following explanation
following facts
following order
general attitude of our criminal law
indigent persons
interest of justice
involved legal points of extreme importance
offence of conspiracy
particulars of the offence
police constables
powers of this court
provisional charge
provisions of section
said alhaji issah
said enactment
state attorney’s advice
supreme court
trial judge
way of legal aid mr. atuguba


I have already allowed the appeals in this case and have consequently quashed the convictions and acquitted and discharged the appellants. I only wish to give reasons now for so allowing the appeals. The appellants were arraigned before the Circuit Court, Wa, charged jointly in count one with the offence of conspiracy to smuggle contrary to section 23 (1) of the Criminal Code, 1960 (Act 29), and section 1 (h) of the Subversion Decree, 1972 (N.R.C.D. 90) as amended by the Subversion (Amendment) Decree, 1977 (S.M.C.D. 94), and in count two with subversion contrary to section 1 (h) of N.R.C.D. 90 as amended aforesaid. The particulars of the offence are:

“(1) Edmund Kpekoro: Farmer, 2. Samuel Bewel: Farmer. On or about 22 June 1977 at Beat three area (Ghana-Upper Volta Border) near Hamile and within the jurisdiction of this court did conspire together with persons now at large to smuggle out of Ghana fifteen bags of fertilizer (type 15-15-15).
(2) Edmund Kpekoro: Farmer, 2. Samuel…
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