GH - BONI AND ANOTHER v. THE REPUBLIC

JUDGMENT OF AZU CRABBE J.A

Azu Crabbe J.A. delivered the judgment of the court. On 28th July 1969 the two appellants, who had been jointly charged with offences under section 1 of the Public Property(Protection) and Corrupt Practices (Prevention) Act, 1962 (Act 121), were convicted by Edward Wiredu J. and were each sentenced to six years' imprisonment with productive hard labour. The first appellant was charged on five counts, and the second appellant alone was charged on the sixth count. The statement and particulars of offence in the first count, which, except for dates and amounts, were the same as in the other five counts, were in these terms:

"FIRST COUNT

STATEMENT OF OFFENCE

DISSIPATION OF PUBLIC PROPERTY THROUGH CARELESSNESS: contrary to section 1 of the Public Property (Protection) and Corrupt Practices (Prevention) Act, 1962.

PARTICULARS OF OFFENCE

HANS KOFI BONI on or about the 25th day of October, 1964, at Ho in the Volta Region by reason of a careless attitude to the affairs of the Industrial Development Corporation in Liquidation did so mismanage the affairs thereof as to cause the dissipation of public property to wit £400 (N¢800.00).”

The evidence shows that the first appellant was appointed the Regional Commissioner for the Volta Region, and was stationed at Ho from 1961 to 1965. He was succeeded by the second appellant, who remained in office until the Kwame Nkrumah Government was overthrown on 24 February 1966. On 29 February 1968 the two appellants appeared before the High Court, Ho on the same charges upon which they were subsequently convicted and sentenced at the High Court, Accra, by Edward Wiredu J. At Ho, Kingsley-Nyinah J. gave a ruling in which he said:

“It is my view, therefore, that both defendants cannot, as now, be charged together and/or tried together on the very same charge sheet. I hold therefore that they must be charged separately and tried separately: See section 110 (1) (a) of Act 30.

In these circumstances, therefore, I order that each defendant herein be charged and tried separately upon separate charge sheets.

By reason of the foregoing, therefore, each defendant is hereby and accordingly discharged; section 232 (1) of Act 30.

The appellants were thereafter re-arrested, and on 25 March 1968 they were brought before Charles Crabbe J. (as he then was) at the High Court, Accra, jointly charged with practically the same offences as when they appeared before the High Court, Ho, on 29 February 1968. Counsel fo