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TINIEYE AND ANOTHER
V.
THE REPUBLIC

(1979) JELR 64879 (HC)

High Court 15 Aug 1979 Ghana
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- The court upheld the admissibility of confession statements obtained without informing the accused of their right to counsel, based on the clear statutory language of S.M.C.D. 3, which overrides contrary constitutional provisions. - The p

Case Details

Judges:TAYLOR J.
Counsel:L. BIMI FOR THE APPELLANTS; MRS. SOPHIA ADENYIRA STATE ATTORNEY FOR V. Y. AGUDETSE,SENIOR STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1978] GLR 565


TAYLOR J.: The appellants here were jointly charged with stealing farm equipment valued at ¢2,833.95; building materials valued at ¢2.789.50 and personal effects valued at ¢1,070 all to the total value of ¢6,693.45 the property of one Idana Asigri. When they were arraigned before the circuit court presided over by his Honour

Judge Adadevoh, they pleaded not guilty and the prosecutor gave the following facts:

“Complainant is the elder brother of the accused persons. During October 1977, the complainant who is a farmer locked up his room and went to the farm at Waga. The first and the second accused persons went to the house of the complainant and opened his room with a duplicate key and stole the articles mentioned in the charge sheet. They sold the articles in Togo and in Ghana. Later some of the articles were traced to those who bought them from the accused persons. The accused persons were arrested and charged with the offence.”

If the prosecutor had led evidence to substantiate these …

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