REPUBLIC v. CIRCUIT COURT, TAMALE

BARTELS-KODWO J.A.

This is an appeal by the Respondent/Appellant (to be known here as the Appellant) i. e. the Republic against the Ruling of the High Court, Tamale dated 24th February, 2017 granting the Applicant/Respondent (to be known here as the Respondent) an application for Judicial Review in the nature of Certiorari quashing the conviction and sentence of the Respondent by the Circuit Court, Tamale dated 7th September, 2016. This conviction had earlier been affirmed by the High Court on 15th February, 2017 in its judgment in respect of an Appeal by the Respondent on 28th September, 2016 against his conviction and sentence.

FACTS

Upon a complaint by the interested party employer of the Respondent to the police the Respondent was charged with one count of stealing and put before the Circuit Court, Tamale. It is the case that the Complainant, a licensed gold buyer installed a machine for crashing gold bearing rocks at his mine site in Wasipe where he engaged the Respondent as a site Manager. The gold byproduct of the crasher popularly known as ‘over’ was normally sold by the Complainant without incident however upon the accumulation of the by product on an occasion and in the absence of the Complainant the Respondent sold same without the knowledge of the Complainant and kept the sum involved claiming ownership of the byproduct.

He was arraigned before the Circuit Court, Tamale and found guilty on a charge of stealing after trial and convicted. He was thus sentenced to 300 penalty units or in default two years imprisonment on the 7th of September, 2016. Whilst he appealed against the conviction and sentence the Appellant appealed for the enhancement of the sentence. Both Appeals were heard but before judgment could be delivered by the High Court, Tamale, Commercial Division on 10th February, 2017, the Respondent filed an application for Judicial Review before another High Court in the form of Certiorari seeking to quash the judgment of the Circuit Court pertaining to his conviction and sentence though at his instance he had earlier adjourned the Judgment in his Appeal to the same date. His Appeal was however dismissed on 15th February, 2017 and the sentence rather enhanced to a fine of 5000 penalty units or in default 5 years imprisonment with hard labour.

The High Court 2 which was dealing with the Certiorari application was informed by the Registrar that the conviction in respect of which the Certiorari was being sought had been affirmed by anot