AKAINYAH AND ANOTHER v. THE REPUBLIC
July 1, 1968
COURT OF APPEAL
CORAM
- APALOO
- LASSEY
- AMISSAH JJ.A
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
- Evidence Law
- Administrative Law
AI Generated Summary
The Court of Appeal of Ghana, per Apaloo J.A., dismissed appeals by two persons convicted after the Ollennu Commission made adverse findings under the Corrupt Practices (Prevention) Act, 1964. Acting under section 4(1), the Attorney-General charged them with offences involving bribery and corruption related to import licences, including payments intended for Minister Kwesi Armah. At trial before Azu Crabbe J.A., both appellants gave evidence; the first appellant denied the commission’s factual findings, while the second appellant reiterated admissions and sought leniency. On appeal, Sir Dingle Foot Q.C. challenged Act 230’s constitutionality, arguing it conferred judicial power on a non-court and eroded judicial functions; he also raised issues about submission of the commission’s report to the National Liberation Council, case allocation without transfer, corroboration of accomplice testimony, and judicial bias. The court upheld Act 230, distinguished Liyanage and Ranasinghe, confirmed commission findings are prima facie evidence, addressed self-incrimination, and affirmed convictions and sentences.