COP v. G. A. ANKRAH, NASER NUMER
December 7, 1939
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
- KINGDON
- PETRIDES, C.J.
- STROTHERSTEWART, J
Areas of Law
- Criminal Law and Procedure
- Evidence Law
December 7, 1939
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
The following joint judgment \\-as delivered :-
KINGDON, C.]., NIGERIA, PETRIDES, C.]., GOLD COAST AND STROTHER-STEWART, J.
In this case we agree with the decision of the Court below on the various points raised in the appeal, for the reasons given by the Judge in his judgment. There is however one point to which we wish to draw attention, and that is the reference to •• 3 previous convictions" of 1st accused. It is not stated whether these previous convictions \\-ere admitted or proved, and if proved, in what manner. The proper course when previous convictions are alleged is to ask the accused if he admits them and if he does, the fact should be recorded. If he does not, they must be properly proved and the proof recorded. The appeals of all the appellants are dismissed.
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AI Generated Summary
This joint judgment was delivered by Chief Justice KINGDON of Nigeria, Chief Justice PETRIDES of the Gold Coast, and Justice STROTHER-STEWART. The case involved multiple appellants in a criminal matter, including a first accused whose record mentioned “3 previous convictions.” The appellate bench affirmed the decision of the court below on all points, expressly adopting the trial judge’s reasoning. The court highlighted a procedural and evidentiary concern: the record did not state whether the first accused admitted those prior convictions or how they were proved. The judges clarified proper practice: ask the accused if he admits the convictions and record it; if he does not, the convictions must be properly proved and the proof recorded. Offering this guidance for future cases, the court concluded by dismissing all the appeals.