THE REPUBLIC
V.
DR. ADU TUTU GYAMFI AND TWO OTHERS

(2010) JELR 65746 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO. H2/20/2005 ·  26 Mar 2010 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING,F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Core Terms Beta
nolle prosequi
section
case
counsel
trial tribunal
attorney-general
provision
tribunal
respondents
appeal
adu kwabena
trial court
words
law officers act
mr. justice anterkyi
case of the republic v
additional ground of appeal
considered opinion
next adjourned date
officer of the attorney-general
statutory provision
abrokwa abakah j
adu kwabena’s case
ashanti regional tribunal
authority of the case of the republic v
entire case
entry of a void nolle prosequi
entry of such nolle prosequi
entry of the nolle prosequi
first case
first respondent
first respondent counsel
free flow
further arguments
further grounds of appeal
high court
later provision
learned judge’s reasoning
light of the arguments
offences act
officers of the rank of state attorney
original grounds of appeal
prosecution of the case
prosecutor’s attempt
reasoning of the trial tribunal
respective positions
state of the law
trial
use of its discretion
written order of the attorney-general

JUDGEMENT

F.G.KORBIEH, J.A.

The facts leading to this appeal are rather simple; they are as follows: on the 24/7/2000 the three respondents were arraigned before the Ashanti Regional Tribunal on various counts; the first respondent to one count of forgery of document, one count of uttering forged document and one count of possessing forged document; the two others to one count of abetment of forgery. They all pleaded not guilty to all the charges and the case went to trial. The prosecution called six witnesses in all after which it tried to recall P.W.5 (Det. Sgt.Godwin Lavoe) who had earlier on testified as a hand-writing expert. Counsel for the first respondent counsel and counsel for the second and third respondents respectively objected to the prosecutor’s attempt to recall P.W.5. The tribunal adjourned its sitting and subsequently delivered a written ruling sustaining the objection. At the next adjourned date, before proceedings could continue, counsel for the appellant referred th…

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