REPUBLIC V. CIRCUIT COURT JUDGE, TAMALE; EX PARTE VOLTA, SENIOR GAME WARDEN

AMPIAH J.

On 5 November 1985 we allowed the appeal in this case and reserved our reasons for the decision. We now proceed to give the reasons.

The appellant, Charles Zieche, was arraigned before the Circuit Court, Tamale charged with offences under the Wildlife Reserved Regulations, 1971 (L.I. 710). He was found not guilty and was acquitted and discharged. Upon his acquittal, the trial circuit court judge ordered that “...all the equipment and apparatus found on him and seized by the officers of the Mole National Park, including the rifle, should be surrendered to the accused immediately.” It was stated in the proceedings before this court that the respondent herein appealed against the order of the circuit court to the High Court and that the said court dismissed the appeal. We are told that there is a further appeal to the Court of Appeal. We are not here concerned with that appeal. The instant appeal concerns the ruling by the High Court judge on an application to set aside an order …