REPUBLIC v. AKWAPIM-MAMPONG DISTRICT COURT GRADE II AND OTHERS; EX PARTE DJANIE AND OTHERS
1989
HIGH COURT
GHANA
CORAM
- AMMAH J
Areas of Law
- Criminal Law and Procedure
- Administrative Law
1989
HIGH COURT
GHANA
CORAM
AI Generated Summary
Ammah J. heard an application by Ashie Djanie, David Kotey Djanie, and Amasah Djanie seeking certiorari and prohibition against a District Magistrate at Mampong-Akwapim concerning Criminal Case No. 311/88 for offensive conduct under section 207 of Act 29. The applicants claimed that a bona fide land title issue under section 180 of Act 30 ousted the magistrate’s jurisdiction; that ordering them to open their defence contravened the statute; that refusing a no-case submission violated fair hearing; and that the magistrate exhibited bias. Their counsel invoked a 1979 District Court Teshie judgment (Djanie Abose v. Amon Kotey) to support a family land claim. The court held the district court had jurisdiction, found no bona fide title question raised by the accused, clarified that Act 30 provides no statutory right to a no-case submission and no obligation to give reasons at the section 174 stage, rejected the bias allegation, emphasized certiorari’s limited scope, dismissed the application, directed the criminal case to proceed, and awarded ¢30,000 costs to the second respondent.
JUDGMENT OF AMMAH J.
This is an application for an order of certiorari to quash the ruling of the District Magistrate Grade II Akwapim-Mampong dated 30 November 1988 and a further order of prohibition to be directed against the said magistrate to forbid him from hearing a criminal case No. 311/88 entitled Republic v.(1) Ashie Djanie; (2) David Kotey Djanie; and (3) Amasah Djanie.
The application is supported by an affidavit running into 23 paragraphs, some of which are not relevant; and the statutory statement.
[p.363]
The grounds upon which the reliefs are being sought are stated in the statutory statement as follows:
"(i) Lack of jurisdiction to continue trial of the applicants beyond the close of the case for the prosecution in the face of the bona fide claim to title to land raised throughout the hearing of the prosecution witnesses.
(ii) Contravention by the district magistrate of section 180 of the Criminal Procedure Code, 1960 (Act 30) by peremptorily ordering the applicants to open their defence with contumelious disregard for section 180 of Act 30.
(iii) Breach of natural justice right of fair hearing by refusing the applicants' counsel's application to make a submission of no case at the end of the prosecution's case.
(iv) Startling disclosure of manifest bias by the magistrate confidently asking in open court when the prosecution had not yet closed their case that defence counsel should discontinue the cross-examination and ‘leave me alone to deal with the accused because from the questions they put through their counsel they admit the offences' charged to which utterance applicants' counsel loudly protested.
(v) Disregard of section 173 of the Criminal Procedure Code, 1960 (Act 30) by refusing to hear and consider counsel's submission of no prima facie case."
The brief facts leading to the present application, as disclosed by the supporting affidavit, are that the applicants herein were charged with offensive conduct conducive to breach of the peace contrary to section 207 of the Criminal Code, 1960 (Act 29). They were arraigned before the District Court Grade II, Mampong-Akwapim constituted by magistrate S.O. Darko. The applicants, then the accused, pleaded not guilty to the charge. At the end of the prosecutions case the district magistrate on 30 November 1988 adjourned the case to 22 December 1988 so that the accused, i.e. applicants herein, should open their defence.
Nii Aponsah, counsel for the applicants, was representing the