JUDGMENT OF OLLENNU J.A.
On 21 March 1968, a preliminary objection in limine was taken by Mrs. Amankwah, state attorney, to the jurisdiction of the court to entertain the application for certiorari to quash the summary committal of the applicant for perjury made by a commission of inquiry appointed under the Commissions of Enquiry Act, 1964 (Act 250), exercising jurisdiction conferred upon it by the National Liberation Council (Investigation and Forfeiture of Assets) [p.376] Decree, 1966 (N.L.C.D. 72), as amended by the National Liberation Council (Investigation and Forfeiture of Assets) (Amendment) Decree, 1967 (N.L.C.D. 129). 1 overruled the objection, but reserved my reasons for so doing.
Again, on 22 March 1968, I granted the application for certiorari sought by the applicant and ordered the committal order made by the commission to be brought into this court for it to be quashed and accordingly quashed the same, but as in the case of the preliminary objection, I reserved my reasons for the same. I now proceed to give reasons for the two orders.
This matter came before the court upon an application for an order for certiorari to quash the committal of the application to prison for perjury. The committal was made by a commission of inquiry appointed under paragraph 2 (1) of the National Liberation Council (Investigation and Forfeiture of Assets) Decree, 1966 (N.L.C.D. 72), popularly known as the Jiagge Commission.
The said Decree was amended on 24 January 1967 by N.L.C.D. 129 as follows:
“(i) by the insertion immediately before paragraph 2 (10) thereof of the following new sub-paragraph:—
'(9) (a) Any Commission appointed by virtue of this paragraph shall have all the powers of the High Court under any enactment or otherwise in relation to perjury committed by any witness coming before the Commission or to the failure of any witness to appear before the Commission or to any contempt committed by any person in respect of the Commission as if the Commission were the High Court and, without prejudice to the generality of the foregoing, the following enactments shall, with the necessary modifications, apply in relation to any such Commission as if the Commission were the High Court:—
Section 152 of the Criminal Procedure Code, 1960 (Act 30).
Paragraphs 67, 70, and 71 of the Courts Decree, 1966 (N.L.C.D. 84); and
Rules 21-27 of Order 59 of the Supreme Court (Civil Procedure) Rules, 1954 (L.N. 140A)'; and
(ii) by the repeal of paragraph 4 thereof.
