Customer Support

TOGBE FITI IV
V.
THE STATE

(1965) JELR 66301 (HC)

High Court 3 Feb 1965 Ghana
BriefBot icon

BriefBot Summary

Free

- Conviction quashed due to fundamental procedural irregularities: the magistrate improperly amended the charge mid-trial without following statutory procedures (Criminal Procedure Code, 1960, s.176), prejudicing the accused’s defense. - Co

Case Details

Judges:SOWAH J.
Counsel:A. A. ACKUAKU FOR THE APPELLANT; F. E. CREPPY ASSISTANT STATE ATTORNEY FOR THE RESPONDENT.

SOWAH J.: Sowah J. The appellant was on 11 August 1964 convicted and sentenced to eight months’ imprisonment by the district magistrate N. A. Tham, Esquire, for the offence of accepting money to influence a public officer contrary to section 252 (1) of the Criminal Code, 1960.1

The particulars of the offence were given as follows:

“CHIEF FITI IV: Paramount Chief of Aflao Traditional Area; For that you during the month of June 1962 at Aflao in the Volta Magisterial District and within the jurisdiction of this court, did offer to accept valuable consideration in the sum of £G100 under pretence of being able so to influence Mr. Hans Kofi Boni, Volta Regional Commissioner in respect of his functions as a public officer and did accept the sum of £G50 from Agbodoxo Vitor to influence the said Hans Kofi Boni, the Volta Regional Commissioner.”

Counsel submitted that the statement of offence and the particulars as they stood at the beginning of the trial were bad for duplicity.

The contention of l…

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 77,000 cases, recent judgments, statutes, and rules of court.