In this application, brought under Order 59, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), the applicant is asking for an order of prohibition and certiorari directed against the General Court Martial “currently trying the applicant on a charge of conduct prejudicial to the good order and discipline of the Armed Forces.”
The applicant is a lieutenant in the Ghana Army. On or about 31 July 1972, while he was on duty at the Tema Harbour, he stole from one of the sheds, three bales of grey baft, seven bales of furnishing material, two cases of Volkswagon spare parts, nine cartons of yeast and three bales of fishing nets, all belonging to the Ghana Government. He unlawfully used the Armed Forces’ vehicle to transport the stolen goods from the harbour to house No. M/11 in Community 5, Tema, where he was at that time residing.
Consequently, he was charged with two counts of fraudulent misapplication (which offence is almost the same as stealing), contrary…