The following judgment of the court was given by COUSSEY P. The appellant J. A. Yankum was charged and convicted by the Acting Senior Magistrate, Sekondi, of the offence of obstructing a public officer, a bailiff of the Shama Local Council, acting in the execution of his duty at Aboadzie, contrary to section 372 of the Criminal Code; and with a similar offence in respect of the same bailiff, contrary to the same section of the Criminal Code, at Shama, and sentenced on each charge to twelve months' imprisonment with hard labour, the sentences to be concurrent.
The appellant Robina Tandoh "'as charged and convicted at the same time by the same magistrate of the offence of assault on the same bailiff acting in the execution of his duty at Aboadzie, contrary to section 170 (1) of the Criminal Code, and sentenced to three months' imprisonment with hard labour.
They appealed to the Divisional Court, Sekondi, from their convictions, and one of their grounds of appeal was that they were charged under sections of the Code which were not applicable to the circumstances of the case, as the legislature had specifically made pg 256 provision as to assaulting or obstructing a Native Court bailiff by section 21 (3) of the Native Courts (Colony) Ordinance, c. 98, which thereby excluded Native Court bailiffs from the protection of sections 170 (1) and 372 of the Criminal Code.
After hearing argument the learned appeal judge determined, under the powers conferred by section 333 (1) (a) (ii) of the Criminal Procedure Code, to alter the findings on the three charges set out to convictions under section 21 (3) of the Native Courts (Colony) Ordinance. He did so and altered the sentences of Yankum to six weeks three days' imprisonment with hard labour on each charge;, concealment, and the sentence of Tandoh to six weeks three days and, in addition, ordered each appellant to enter into a bond to keep the peace for a period of eighteen months.
The appellants have now appealed to this court, the ground of appeal being:-
" That the judge had no power under section 333 (1) (a) (ii) of the Criminal Procedure Code to alter the findings of the magistrate to convictions under section 21 (3) of the Native Courts (Colony) Ordinance."
Section 21 (3) provides:-
" Any person who assaults, obstructs, molests 01' resists of aids or incites any other person to assault, obstruct, molest 01' resist any bailiff of a Native Court acting 01' proceeding to act in the execution of his duties sha
