TAYLOR J.
The facts of this case are not necessary for the purpose of this ruling. The first accused person was charged on an indictment with attempted abortion contrary to the Criminal Code, 1960 (Act 29), ss. 18 (2) and 58. The prosecution led evidence in an attempt to substantiate the particulars of the charge as contained in the bill of indictment. At the close of the case for the prosecution yesterday, counsel for the first accused made a submission of no case to answer. At the end of his submission, counsel for the Republic sought to reply to his submission but counsel for the first accused raised an objection that the Republic has no right of reply having regard to the case of the Commissioner of Police v. Akoto [1964] G.L.R. 231, herein referred to as the Akoto case, a judgment of the High Court in a criminal appeal. He referred me to the ostensible second holding in the headnote to that case which reads:
"The prosecution has no right of reply in a case where a submission of no…