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REPUBLIC
V.
GENERAL COURT MARTIAL; EX PARTE MENSAH

(1976) JELR 67571 (CA)

Court of Appeal 29 Mar 1976 Ghana
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- Appeal dismissed on the ground that section 20 of the Courts Act, 1971 expressly excludes the supervisory jurisdiction of the High Court (and by extension, the Court of Appeal) over military courts or tribunals; thus, no order of prohibit

Case Details

Judges:JIAGGE J.A,SOWAH J.A,ARCHER JJ.A
Counsel:H. K. AKUFFO FOR THE APPELLANT; COLONEL P. AGBEKO (CAPT. F. K. AMARTEIFIO WITH HIM) FOR THE RESPONDENTS.

JIAGGE J.A.

The appellant was tried summarily by a disciplinary service tribunal and was convicted on two counts of fraudulent misapplication of property contrary to section 52 (1) (a) of the Armed Forces Act, 1962 (Act 105). He was convicted also on one count of unauthorised use of a vehicle of the Armed Forces contrary to section 50 (a) of the same Act. His sentence was “dismissal with disgrace from the Armed Forces” and this was conveyed to him in a letter dated 28 May 1973. On 8 June 1973 the appellant petitioned the Head of State and Chairman of the National Redemption Council on the severity of his sentence and pleaded for clemency. The reply to the petition indicated that the matter had been thoroughly looked into and that the final outcome would be communicated to the appellant. Three or four months later, the appellant received a letter signed by the Military Secretary, Ministry of Defence and dated 3 August 1973, informing him that he had been reinstated in the Army with effe…

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