JUDGMENT OF BRUCE-LYLE J.S.C.
Bruce Lyle J.S.C. delivered the judgment of the court. This is an appeal against the judgment of Archer J. dismissing summarily the appellant's appeal against the decision of a district magistrate, at Accra, dated 26 July 1964.
[p.215]
In this case the appellant was charged with deceit of a public officer, contrary to section 251 of the Criminal Code, 1960,1 the particulars of the offence being as follows:
“SALIFU ASAGBA: Driver, for that you on or about the 7 May 1964, in Accra, in the Accra Magisterial District, and within the jurisdiction of this court, with intent to injure one Augustine Awotwi, building inspector of G.N.C.C., Nsawam, did endeavour to deceive a public officer, to wit, the Commissioner of Police, Accra, and other members of the Ghana Police Service, by making a false written statement to the said Commissioner of Police and other members of the Ghana Police Service, that the said Augustine Awotwi had obtained cash the sum of £G10 from one Madam Meria Adjoa and had refrained from prosecuting the said Meria Adjoa for the erection of an unauthorised building at Adoagyiri, which statement you knew at the time of making to be false, or have no reason to believe to be true. Contrary to section 251 of Act 29."
The case for the prosecution is that the appellant lived in the same house with one Meria Adjoa the third prosecution witness, at Adoagyiri in Nsawam. Some time ago the third prosecution witness bought four rooms of a house in the Zongo area of Adoagyiri from one Awudu Sodangi. Later on the appellant also bought two rooms of the same house from the said vendor and the appellant and the third prosecution witness occupied their respective portions which were made of swish. The third prosecution witness's portion had a verandah also made of swish in front of her rooms at the time of purchase. Later on the third prosecution witness reconstructed this verandah with cement blocks and also attempted to construct a cement wall and a drain between her portion and that of the appellant. The appellant also attempted to renovate his rooms with cement blocks and these attempted renovations resulted in a dispute between the parties as to the correct position of their boundary and this dispute resulted in a court action. It was after this court action that the appellant on 26 April 1964 wrote a letter, which is the subject-matter of this charge, to the Commissioner of Police in the following terms:
"Sir,
HOUSE No.
