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November 28, 1986
HIGH COURT
GHANA
CORAM
JUDGMENT OF ESSILFIE-BONDZIE J.
Originally 132 accused persons were arraigned before the Circuit Court, Bolgatanga charged with the offence of unlawful assembly contrary to section 202 (2) of the Criminal Code, 1960 (Act 29). When the case came on for hearing on 12 December 1985 all the accused persons (who will hereinafter be referred to as the appellants) with the exception of the thirteenth and sixteenth accused persons were present. Apparently because there was some urgency about the case and the circuit court judge had to be brought from Tamale to hear the case at Bolgatanga, the prosecution became anxious to have the case heard. The charges against the thirteenth and sixteenth accused persons were therefore withdrawn and the trial commenced against the appellants on the said 12 December 1985. The appellants were on that day represented by counsel and as the record of proceedings shows, they were represented by counsel throughout the trial. Even though it is obvious from the record of proceedings that before the trial of the appellants proceeded on 12 December 1985 their plea was not taken. The prosecution led evidence in support of the charge against the appellants by calling four witnesses. The record of proceedings indicates that all these witnesses who gave their evidence on oath were duly cross-examined on behalf of the appellants by counsel.
Again as the record of proceedings shows, the prosecution closed their case on 6 February 1986. After the close of the case for the [p.480] prosecution, counsel for the appellants made a submission of no case which by a considered ruling given by the learned circuit judge from Tamale, was overruled. On 10 March 1986 learned counsel for the appellants opened the defence for the appellants. It is evident from the record that learned counsel closed the case for the defence on 22 April 1986 and addressed the court on 28 April 1986 without any comment on the fact that the appellants' plea was not taken before the trial began. Judgment in the case was given on 19 May 1986 and the appellants were convicted. Aggrieved by their conviction the appellants filed an appeal on 22 May 1986.
When the appeal came to be heard on 27 November 1986 learned counsel for the appellants referring to the additional grounds of appeal filed on 21 October 1986 applied to take the first ground as a preliminary point by which he intended to dispose of the appeal in favour of the appellants. He submitted as a preliminary point that "t
AI Generated Summary
Essilfie-Bondzie J. delivered an appellate judgment arising from a mass prosecution for unlawful assembly in Bolgatanga. One hundred and thirty-two accused were charged under section 202(2) of the Criminal Code, 1960 (Act 29). On 12 December 1985, after withdrawing charges against two absent accused, the Circuit Court proceeded to trial with counsel representing the remaining defendants throughout. Although the record shows no formal plea was taken before evidence commenced, the prosecution called four witnesses, the defence presented its case, and the appellants were convicted on 19 May 1986. On appeal, counsel argued that failure to take the plea rendered the trial a nullity under section 171 of the Criminal Procedure Code, and the State conceded. Rejecting this “simplistic view,” the court held the proceedings clearly went forward on a not guilty footing, found no prejudice to the appellants, characterized the omission as a mere technical error, and overruled the preliminary objection.