The accused, now the appellant, was arraigned before the Ashanti Regional Public Tribunal on a charge of stealing under section 124(1) of the Criminal Code, 1960 (Act 29). The particulars of offence read:
“Nana Owusu Achiaw Brempong II, Omanhene, during the year 1980 at Atebubu in the Brong Ahafo Region and within the jurisdiction of this tribunal, did steal one Mercedes Benz car No GK 1990 value ¢3 million the property of the Atebubu Traditional Council.”
There was a second accused who was charged with abetment but the facts were found not to support the charge and he was thus acquitted and discharged.
The prosecution led evidence to establish that the car belonged to the Atebubu Traditional Council (hereinafter called the council) and was assigned to the occupant of the paramount stool for his use. That sometime in 1980 the appellant took this car to Kumasi from Atebubu and this was the last time the car was seen at Atebubu. Investigations disclosed that the accused had sold th…