REPUBLIC
V.
GRUNSHIE

(2004) JELR 69909 (HC)    
High Court  ·  15 Jun 2004 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 119
CORAM
ADZAGLI J
Core Terms Beta
act
section
attorney-general
written consent of the attorney-general
prosecution
republic
consent
counsel
attorney-general’s department
cases
charge
condition precedent
criminal code
executive instrument
point
prohibited area
public order act
reasoning
accused persons
affected areas
attorney-general of ghana
charge of the northern region
charge sheet
civil cases
closer look
conduct of all civil cases
courts
criminal procedure
decision
following offences
further consideration of the case
inter alia
law officers
law officers of his department
legal officer
nonsense of the clear provisions of the statute
office of the attorney-general states
others
plea of the accused
present position
principal state attorney
public order
second count
supreme court
supreme court of ghana
total agreement
use of the definite articles
writing of the attorney-general
written consent

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login