MENSAH GYIMAH V. THE REPUBLIC

ANIN J.S.C.

At the Ashanti Criminal Session held at the Kumasi High Court on 2 August 1969 before Annan J. (as he then was) sitting with the aid of assessors, the appellant was found guilty of both offences of negligent libel, contrary to section 112 (1), and of sedition contrary to section 183 (3) of the Criminal Code, 1960 (Act 29). He was convicted and sentenced to a fine of N¢50.00 or three months’ imprisonment with hard labour on count one, and to a fine of ¢100.00 or six months’ imprisonment with hard labour on count two, both sentences to run concurrently. From this conviction, the appellant has appealed to this court on no fewer than eight grounds of appeal.

The particulars of the said offences as appearing on the bill of indictment are as follows:

“Kwaku Attakora Mensah Gyimah on 29 February 1968 at Kumasi in the Ashanti Region unlawfully and negligently published in a newspaper known as the Ashanti Pioneer defamatory matter concerning Border Guards in Kumasi, in the form of an…