AWUDU HAUSA V. THE STATE

OLLENNU J.A.: The appellant was convicted by the District Court, Sekondi, of the offence of stealing. Upon the said conviction, the learned district magistrate having seen the criminal history of the appellant made the following order: “In view of the evidence and the character of accused the court commits accused to the circuit court for sufficient sentence.”

From the wording of the order it is quite clear that it was made in exercise of the powers and jurisdiction vested in the district court by section 178 (1) of the Criminal Procedure Code, 1960 (Act 30), which reads:

“Where, upon the summary conviction of a person for any offence, the District Court is of opinion that, having regard to the evidence, and to the character and record of the offender, the maximum punishment which the District Court is empowered to impose would be insufficient, the Court may commit the offender for sentence to a Circuit Court and any enactment relating to the powers of any Court upon committal for trial…