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REPUBLIC v. T. O. ASARE

January 31, 1968

HIGH COURT

GHANA

CORAM

  • ANTERKYI J

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

Justice Anterkyi presided over a High Court proceeding where Theodore Oboo Asare faced two chargesconspiracy and deliberate dissipation of public propertyarising under Act 121 and Act 29. The allegations concerned the dissipation of Na2522,480.04 (a3G261,240 0s. 5d.), property of the Ghana Commercial Bank, between April and August 1965. The Director of Public Prosecutions, Mr. Taylor, urged a summary trial, while defense counsel, Dr. de Graft Johnson, challenged the legality of summary procedure. Examining the Criminal Procedure Code (Act 30), the Public Property Act (Act 121), and the Interpretation Act (C.A. 4), Anterkyi J concluded that offences under section 2 of Act 121 must be tried on indictment and that section 44 mandates that criminal cases be initiated in a District Court before committal to the High Court. The court rejected arguments of consent and inconvenience and found that indictable procedures persist despite the repeal of section 7 and abolition of the Special Criminal Division. Proceedings were stayed for want of jurisdiction, with leave for appropriate measures.

JUDGEMENT