JUDGMENT OF AMUAH J.
This is an appeal from the judgment of the District Magistrate Grade II, Kpando delivered on 21 January 1989. The appellants who were charged with the offence of conduct conducive to breach of the peace contrary to section 207 of the Criminal Code, 1960 (Act 29) were found guilty and sentenced. The first appellant was sentenced to twelve months' imprisonment with hard labour while the second appellant was sentenced to a fine of ¢15,000 or in default to be committed to prison for twelve months.
The facts were given by Mr. Homenya, learned counsel for the appellants. According to the prosecution the first appellant had an affair with a woman who happened to be his mother-in-law. On the second count the first appellant is also charged for having an affair with a woman who happened to be his wife's sister.
The second appellant was charged for having an affair with the first appellant. According to Mr. Homenya the magistrate should not have accepted a plea of guilty because having an affair with a mother-in-law or sister-in-law is not an offence under the law. He pointed out that they were convicted for an offence which does not exist. He also complained of the sentences which according to him were excessive.
Mr. Dzanku, Assistant State Attorney, however supported the said judgment of the magistrate and submitted that the conduct of the appellants was insulting as a breach of the peace is likely to be occasioned. He submitted that the appellants were put before the chief and elders of Dafor as well as the Provisional National Defence Council (P.N.D.C.) District Secretary, Kpando, and were warned to desist from such immoral acts and association but have not paid heed. He further [p.17] submitted that if other members of the family of the three women had not exercised restraint serious breach of the peace would have been occasioned. He prayed that the appeal is dismissed.
Now section 207 of Act 29 reads as follows:
"207. Any person who in any public place or at any public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall be guilty of a misdemeanour."
The emphasis is on a public meeting or public place. These immoral acts were committed away from the eye of the public. There is also the fact that the first appellant is having two children each with his wife, mother-in-law and sister-in-law and such associatio
