JUDGMENT OF MENSA BOISON J.
The appellant was a litigant in a civil case before the District Court Grade II, Duayaw Nkwanta. At the conclusion of the judgment therein, delivered by the presiding magistrate and which went against him, the appellant was alleged instantly, in the presence of the court, to have uttered the following words: “You have not judged the case according to law.” Thereupon the appellant was arrested, apparently at the magistrate’s direction, and the next day those words formed the subject of a criminal charge of “insulting court” contrary to section 224 of Act 29, before the same magistrate. The particulars of offence read:
“Kwame Ali farmer, for that you on the 14th day of February 1978 at D/Nkwanta . . . did insult the court after judgment had been given against you in a civil suit by uttering the following words at the top of your voice while the court was in session thus ‘You have not judged the case according to law’.”
The appellant according to the record pleaded guilty to the charge and, on conviction, was sentenced to six month’s imprisonment with hard labour. It is against that conviction and sentence that the appellant by counsel has not appealed.
[p.24]
The first ground argued by Mr. Manu is the terse and unparticularised complaint that, “The judgment was contrary to natural justice.” From his submissions, however, it became clear that he complained of bias in that the magistrate was a judge in his own cause. His point was that the incident in the civil case must have been taken as a personal affront, and in hearing the case himself, the magistrate denied the appellant of the right to a fair and unbiased trial.
In view of certain aspects of the submissions of both counsel it is necessary to give consideration first to the competence or jurisdiction of the magistrate. Sections 17 and 18 of the Criminal Procedure Code, 1960 (Act 30), dealing with some powers of a magistrate are relevant to the point, and provide as follows:
“17. When any offence is committed in the presence of a District Magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
18. Within the local limits of his jurisdiction any District Magistrate may arrest or direct the arrest in his presence of any person whose arrest upon a warrant he could have lawfully ordered if the facts kno
