HAYFRON-BENJAMIN J.
At the last hearing of this case, the prosecution after calling the fiftieth witness finally closed their case. Learned counsel for each of the accused submitted that no case had been made out against any of the accused persons on any of the counts preferred against them. Learned senior state attorney then withdrew the charges against the fourth and fifth accused persons on count 3, and also withdrew counts 4, 5, 6, 8, and 10. I therefore acquitted the third accused on counts 4, 5 and 6; the fourth accused on all the counts preferred against him, and the fifth accused on counts 8, 9 and 10. The senior state attorney then replied to the submission on the remaining and subsisting counts. I reserved ruling till today on the submission whether or not the prosecution have made out a case for the accused persons to be called upon to answer.
In Ghana, the position at the conclusion of the case for the prosecution is governed by express statutory provisions. Section 173 of …