Ollennu J.S.C. delivered the judgment of the court. The appellant is an ordained minister of the Methodist Church, and was at all times material to this case, the circuit superintendent in charge of the Axim circuit of the Methodist Church; by virtue of that office he was also the local manager of all schools in the district within the Methodist educational unit and others under the management of the said unit; his duties in that regard include payment of salaries of all teachers employed in those schools. He was brought before the Circuit Court, Axim, some time in November 1963, charged with 75 counts of stealing various sums of money, properties of the several teachers of the schools under his management. The case was adjourned from time to time, and on 15 February 1964, the charges were withdrawn and 'fresh ones preferred against him. The only apparent difference between the charge sheet which was withdrawn and the new one preferred is the title; the title of the original charge sheet read, "C.O.P. v. Sampson Titi Ofei," while that of the substituted charge sheet reads, "The State v. Sampson Titi Ofei." Bail was granted to the appellant in the sum of £G1,000 with two sureties each to be justified but he was unable to procure sureties who could be approved of, so he remained in custody throughout the hearing of the case.
The trial of the case commenced on the said 15 February 1964, and continued, adjourned from week to week, until 21 March 1964, when it concluded. The full record of proceedings taken by the circuit judge on that day is as follows:
"The State v. S. T. Ofei.
The accused applies to speak at this stage. Case re-opened. The accused changes his plea to guilty. Charge read and explained to the accused again. Plea: Guilty to all counts. Pleads in mitigation that the stamps were bought and got lost. Forty-five witnesses have given evidence already and the facts are plain and the plea of guilty is accepted. The explanation does not vitiate the plea of guilty.
Sentence: Three years' imprisonment with hard labour. Exhibit to be refunded to Ghana Government under section 147 (1) of Act 30."
The impression which this record conveys is that the case for both sides had closed, the appellant then requested that the case should be re-opened, the circuit judge re-opened it in compliance with that request, thereupon the appellant withdrew his plea of not guilty, and pleaded guilty to the charges. It is most unfortunate that this record made by the lear
