[1971]DLHC2149 • June 30, 1971 • High Court
REPUBLIC vs. ADU KWABENA
The accused was charged with murder contrary to section 46 of the Criminal Code, 1960 Act 29. The prosecution presented thirteen witnesses out of seventeen proposed. During the trial, the thirteenth witness was declared hostile. The prosecution filed a notice of nolle prosequi signed by the State Attorney without a prior written order from the Attorney-General as required by law. The defense challenged the validity of the nolle prosequi and argued for the accused's acquittal.
read moreThe accused in this case stood charged with murder, contrary to section 46 of the Criminal Code, 1960 (Act 29). Mr. Agbettor, State Attorney, appeared for the Republic and Dr. Ohene-Djan for the accused. After the first twelve (out of the proposed seventeen) witnesses for the prosecution had finished their evidence, the thirteenth witness, Adu Gyamfi, during the course of his evidence-in-chief was treated as a hostile witness on the application of the prosecuting state attorney and with the leave of the court; and at the end of his evidence on 18 June 1971, adjournment of the case was granted at the request of counsel for the prosecution to enable him to seek further instructions. When hearing resumed on 28 June 1971 the court observed that a notice of nolle prosequi (in writing) signed by the state attorney himself “for Attorney-General” had been filed. And the court took occasion to question the validity of this document by requiring the production by the state attorney of...