Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
DISTRICT COURT MAGISTRATE GRADE I, TEMA; EX PARTE AKOTIAH AND OTHERS

(1987) JELR 63584 (HC)    
High Court  ·  24 Oct 1987 ·  Ghana
 · 
Other Citations
[1979] GLR 341
CORAM
AGYEPONG J.

Ratio Decidendi

Core Terms Beta
section
court
private prosecution
offence
district court
mr. akotiah
mr. amarfio
attorney-general
district court grade
criminal code
criminal procedure code
learned magistrate
private prosecutor
public prosecutor
district magistrate
private person
subject of a stealing charge
charge sheet
circumstances of the case
criminal matters
alleged offence
attorney-general’s opinion
body of a paramount chief
constitutional committee chairman
corpse of nene dake ii
dead bodies
deaths act
execution of the warrants
ex parte akosah
false pretences
fraudulent breach of trust
higher court
human corpse
human skull
issue of the summons
local limits of whose jurisdiction
particular purpose
powers of a public prosecutor
present circumstances
private citizen
probable cause
proceedings of certiorari
prosecution of the applicants
provisions of section
provisions of this section
public prosecution
said act
sake of public policy
special circuit court
subject-matter of a stealing charge

AGYEPONG J.

[The court after considering and dismissing as without substance, six grounds in support of the application for certiorari and prohibition, here referred to ground 7, i.e. whether once Attorney-General or the police have decided against prosecution of the applicants, there could be no private prosecution and continued:]

There is nothing in section 61 of the Criminal Procedure Code, 1960 (Act 30), which disables a private person from launching a private prosecution where the Attorney-General or the police decline or decide against prosecution. Section 61 (1) of Act 30 provides:

“61. (1) Any person who believes from a reasonable and probable cause that an offence has been committed by any person may make a complaint thereof to a District Magistrate who has jurisdiction to try or enquire into the alleged offence, or within the local limits of whose jurisdiction the person accused is alleged to reside or be.”

The jurisdiction conferred on a private citizen to institute private pro…

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