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

(2010) JELR 65746 (CA)

Court of Appeal 26 Mar 2010 Ghana
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- The Court of Appeal held that a nolle prosequi filed by an officer of the Attorney-General's Department under section 1(2) of the Law Officers Act, 1974 (NRCD 279) is valid without the need for express written authorization from the Attor

Case Details

Suit Number:CRIMINAL APPEAL NO. H2/20/2005
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING,F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Counsel:STATE ATTORNEY FOR THE APPELLANT,ASANTE KROBEA ESQ. COUNSEL FOR THE RESPONDENTS

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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