FRIMPONG v. THE REPUBLIC

Azu Crabbe Ag. C.J., delivering the ruling for the Court of Appeal panel that included Jiagge J.A. and Kingsley-Nyinah J.A., considered an application by an inmate convicted in the Circuit Court, Accra, of unlawful entry (section 152, Act 29) and stealing (section 124). He had been sentenced to ten years and five years’ imprisonment with hard labour, to run concurrently. The applicant appealed to the High Court only against sentence, and that appeal was dismissed on 26 April 1972. Although he later sought leave under rule 39 of the Supreme Court Rules to appeal against conviction and applied for an early hearing, the Court of Appeal examined the record, noted his right-thumb-marked petition and his failure to challenge conviction or correct any supposed filing error, and found the affidavit’s “mistake” claim palpably false. Applying sections 324(1) and 335(2) of the Criminal Procedure Code and section 14(1)(b) of the Courts Act, the court held it lacked jurisdiction to hear an appeal against conviction not first taken to the High Court, and dismissed the application.