REPUBLIC
V.
DIRECTOR OF PRISONS; EX PARTE OHENE-DJAN

(1987) JELR 63583 (HC)    
High Court  ·  27 Nov 1987 ·  Ghana
 · 
Other Citations
[1979] GLR 396
CORAM
AGYEPONG J.
Core Terms Beta
applicant
jurisdiction
judgment
counsel
high court
verdict of the jury
charge of the jury
learned trial judge
offence of manslaughter
privy council
criminal procedure code
mr. kaleo-bioh
preliminary investigation
years’ imprisonment
accused persons
mr. peter adjetey
offence of murder
ordinate jurisdiction
principal state attorney
want of jurisdiction
west african court of appeal
additional high court judge
chief commissioner’s court
inherent jurisdiction
manslaughter of an unknown man
sentence of the applicant
set aside
azu crabbe j.
case mr. a. c. spooner
charge of the murder of an unknown man
close of the case of the prosecution
court ought
custody of the respondent
failure of the learned trial judge
full authority
grant of leave
habeas corpus act
high court judge
history of the case
issue of a writ of possession
judgment void
justice of appeal
lord goddard c.j.
lot of other authorities
main grounds
murder of an unknown man
order of a court
rules of law
sentence of imprisonment
time of the present application

AGYEPONG J.: The applicant herein was on 8 August 1975, convicted of manslaughter of an unknown man by the High Court, Accra, presided over by Amissah J.A. sitting as an additional High Court judge, and was on 11 August 1975, sentenced to fifteen years’ imprisonment with hard labour. At the time of the present application, the applicant was serving his sentence at Ussher Fort Prison, Accra.

The applicant contends that his conviction is null and void and of no effect; consequently his sentence of imprisonment and his incarceration at the Ussher Fort are illegal, and he is therefore entitled to be released under the Habeas Corpus Act, 1964 (Act 244).

In support of his submission that the conviction was a nullity, Mr. Peter Adjetey, learned counsel for the applicant, on 28 June 1978 urged four main grounds:

(1) that the applicant did not himself plead guilty to the offence of manslaughter; (2) that the Criminal Procedure Code, 1960 (Act 30), s. 239

(2) Under which the applicant was convicted…

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