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REPUBLIC
V.
GRUNSHIE

(2004) JELR 69909 (HC)

High Court 15 Jun 2004 Ghana
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- The accused is charged with possessing a firearm without authority and possessing a firearm in a prohibited area. - The defense argues that the written consent of the Attorney-General is not necessary for prosecution if the case is being

Case Details

Judges:ADZAGLI J
Counsel:SALIA ABDUL QUDDUS ASSISTANT STATE ATTORNEY FOR THE REPUBLIC; NO REPRESENTATION FOR THE ACCUSED.
Other Citations:[2003-2005] 1 GLR 119

JUDGEMENT

Adzagli J. The accused is charged with the following offences: (1) possessing firearm without authority contrary to section 192 of the Criminal Code, 1960 (Act 29); and (2) possessing firearm in a prohibited area contrary to section 9(1) of the Public Order Act, 1994 (Act 491).

Before the charge was read out and explained to the accused and his plea taken, I pointed out to learned counsel for the Republic that the offence under section 192 of Act 29 required the written consent of the Attorney-General before prosecution. His reply was that he was instructed by his boss (that is the principal state attorney, in charge of the Northern Region) that the Attorney-General had given his consent to all law officers in the Attorney-General’s Department to prosecute all cases on his behalf and that therefore the Attorney-General’s written consent is not necessary where the prosecution is being done by a legal officer from the Attorney-General’s Department. The plea of the accused was th…

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