REPUBLIC
V.
CIRCUIT TRIBUNAL, HO; EX PARTE KWAWUKUMEY

JUDGEMENT

Asare Korang J.

The applicants appeared before the Circuit Tribunal, Ho charged with conspiracy to defraud by false pretences and defrauding by false pretences contrary to sections 23(1) and 131 of the Criminal Code, 1960 (Act 29).

I do not find it compelling to give details of the evidence led in support of the charges. It is sufficient to say that at the close of the case for the prosecution, a submission of no case to answer was made on behalf of the applicants by their counsel. Thereafter the chairman of the trial tribunal who was sitting with a lay panel delivered a ruling upholding the submission of no case on the ground that the evidence disclosed no fraud on the part of the applicants but only a breach of contract redressible through a civil action. The chairman, for this reason, acquitted and discharged the applicants. The two panel members sitting on the case with the chairman disagreed with the decision of the chairman but failed to give any reason or reasons, either…