REPUBLIC V. DISTRICT MAGISTRATE GRADE II, OSU; EX PARTE YAHAYA

BROBBEY J.

The applicant, Issaka Yahaya, was arraigned before the Osu District Court, Grade II on a charge of stealing from a kiosk belonging to his former employer. He was alleged to have broken into the kiosk in the night and taken the items therein but was caught red-handed by neighbours while leaving the kiosk with those items. When the case was called before the magistrate and the charge read and explained, the applicant pleaded “not guilty.” According to the record of proceedings, the applicant explained thereafter that although he entered the kiosk, it was the complainant, his former employer, who asked him to do that and take away the goods.

Upon hearing this explanation from the applicant, the magistrate suo motu changed his plea to guilty because she did not believe his explanation. She then convicted and sentenced him to twelve months’ imprisonment.

It is against the conviction and sentence that this application for an order of certiorari has been brought to be quashed on the…