REPUBLIC V. GRUNSHIE

JUDGEMENT

Adzagli J. The accused is charged with the following offences: (1) possessing firearm without authority contrary to section 192 of the Criminal Code, 1960 (Act 29); and (2) possessing firearm in a prohibited area contrary to section 9(1) of the Public Order Act, 1994 (Act 491).

Before the charge was read out and explained to the accused and his plea taken, I pointed out to learned counsel for the Republic that the offence under section 192 of Act 29 required the written consent of the Attorney-General before prosecution. His reply was that he was instructed by his boss (that is the principal state attorney, in charge of the Northern Region) that the Attorney-General had given his consent to all law officers in the Attorney-General’s Department to prosecute all cases on his behalf and that therefore the Attorney-General’s written consent is not necessary where the prosecution is being done by a legal officer from the Attorney-General’s Department. The plea of the accused was th…