JUDGEMENT OF ABBAN J.
In this application, brought under Order 59, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), the applicant is asking for an order of prohibition and certiorari directed against the General Court Martial "currently trying the applicant on a charge of conduct prejudicial to the good order and discipline of the Armed Forces."
The applicant is a lieutenant in the Ghana Army. On or about 31 July 1972, while he was on duty at the Tema Harbour, he stole from one of the sheds, three bales of grey baft, seven bales of furnishing material, two cases of Volkswagon spare parts, nine cartons of yeast and three bales of fishing nets, all belonging to the Ghana Government. He unlawfully used the Armed Forces' vehicle to transport the stolen goods from the harbour to house No. M/11 in Community 5, Tema, where he was at that time residing.
Consequently, he was charged with two counts of fraudulent misapplication (which offence is almost the same as stealing), contrary to section 52 (1) (a) of the Armed Forces Act, 1962 (Act 105); and also with one count of unauthorised use of a vehicle of the Armed Forces, contrary to section 50 (a) of the same Act. The applicant was summarily tried by a disciplinary service tribunal; and on 28 November 1972, he was convicted on all the three counts. It may be observed that an accused person, if convicted under the said section 52 (1) (a), can be sentenced to imprisonment for a term not exceeding seven years or "to any less punishment provided" by the Act. In the case of conviction under section 50 (a) the sentence is imprisonment "for less than two years or to any less punishment provided" by the Act.
Section 78 (1) provides a scale of punishment numbering (a) to (n), and the section states that each of the "punishments shall be deemed to be a punishment less than every punishment preceding it" in the scale. In the scale the death penalty is considered the highest, followed by imprisonment for two years or more. The third highest punishment in the scale is dismissal with disgrace from the Armed Forces."
Following his conviction, the applicant was given this third highest sentence; that is, "dismissal from the Armed Forces with disgrace" and without any release benefits. The letter which conveyed the sentence of dismissal to the applicant was dated 28 May 1973 and it was signed by the Military Secretary, Ministry of Defence, Burma Camp, Accra. On the receipt of that letter of dismiss
