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APPIAH V. THE REPUBLIC

(1988) JELR 67999 (SC)

Supreme Court  •  31 May 1988  •  Ghana

Coram
SOWAH CJ, TAYLOR JSC, FRANCOIS JSC, LAMPTEY JA, ESSIEM JA

Judgement

FRANCOIS J.S.C.

The cathartic attempts to cleanse Ghana of corruption and the other ills of society which accompanied the Armed Forces Revolutionary Council’s (the AFRC’S) assumption of power in 1979 was not meant to end with the AFRC’s withdrawal from office. A special tribunal was set up under the Armed Forces Revolutionary Council (Special Tribunal and Other Matters) Decree, 1979 (AFRCD 23) to continue the exercise, and Mr. J.E.K.A. Appiah, the appellant herein, by a letter dated 22 September 1979 was appointed its special prosecutor. His duties were spelt out in section 9 of AFRCD 23 and section 17 (6) of the transitional provisions of the Constitution, 1979.

It is a cruel irony that the prosecutor to whom was entrusted the continuation of the duty of stable cleaning, has himself fallen foul and is criminally tainted. In protesting his innocence, he urges a critical examination of the evidence led in proof of the charges against him and to pronounce them inept. This appeal, understa…

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