AKAINYAH v. THE REPUBLIC

JUDGMENT OF AZU CRABBE J. A.

The proceedings in this case have been brought under the Corrupt Practices (Prevention) Act, 1964 (Act 230), (hereinafter referred to as the Act), and the two accused are persons against whom adverse findings have been made by the commission appointed under the Act. Ollennu J.S.C. (as he then was), was appointed sole commissioner by the Corrupt Practices (Prevention) (Appointment of Commission) Instrument, 1966 (E.I. 93), dated 5 March 1966, and in view of the submissions by counsel for the first accused, when putting forward matters upon which his client [p.334] relies in showing cause, I think I ought to reproduce the full terms of E.I. 93. The instrument reads:

“EXECUTIVE INSTRUMENT

E.I. 93.

CORRUPT PRACTICES (PREVENTION) (APPOINTMENT OF COMMISSION) INSTRUMENT, 1966

WHEREAS reports have been received by the National Liberation Council alleging corruption in connection with the grant of certain import licences;

NOW THEREFORE in exercise of the powers conferred on the National Liberation Council by section 1 of the Corrupt Practices (Prevention) Act, 1964 (Act 230) this Instrument is made this 5th day of March, 1966.

(1) There is hereby appointed a Commission consisting of Nii Amaa Ollennu, Esquire, Judge of the Supreme Court, as sole Commissioner.

(2) It shall be the duty of the Commission to investigate and report to the National Liberation Council on—

(a) alleged irregularities and malpractices in connection with the grant of Import Licences during the relevant period perpetrated by persons paid out of public funds in the performance of their official duties;

(b) the persons involved in the alleged irregularities and malpractices; and

(c) any other matter or thing pertaining to the grant of Import Licences during the relevant period, in connection with which any allegation of corruption is made by any person.

(3) Without prejudice to any other provision of the Corrupt Practices (Prevention) Act, 1964 (Act 230) the Commission shall, in preparing its report, comply with the provisions of section 3 of that Act (which, among other things, requires the Commission to specify the reasons supporting its findings and the witnesses upon whose evidence the Commission relied to arrive at its decision.)

(4) Miguel Riberio, Esquire, Assistant State Attorney shall be Secretary to the Commission and shall perform such functions relating to the work of the Commission as the Commission may direct.

(5) In this Instrument, ‘rel