ADJABENG J.: This is an application under section 408 of the Criminal Procedure Code, 1960 (Act 30), for an order amending apparent defects in the order made by this court on 4 December 1984, in the criminal appeal No. 55/84 entitled Musah Massah v. The Republic.
The facts of the case are that Musa Massah was on 11 July 1984 convicted by the District Court Grade I, Takoradi of the offence of stealing and was sentenced to a fine of ¢2,000 or in default, eighteen months’ imprisonment with hard labour after he had pleaded guilty to the charge. Against this decision Musah Massah appealed to this court on the main ground that he did not appreciate or understand the charge or procedure. This court allowed the appeal and ordered that the appellant be retried by the Circuit Court, Takoradi. This court, however, before making the order for retrial recorded the following, “I would allow this appeal and acquit and discharge the appellant.” This application was therefore brought for an order to am…