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REPUBLIC V. JANTUAH & ORS

(1968) JELR 84765 (HC)

High Court  •  16 Feb 1968  •  Ghana

Coram
EDUSEI J.

Appearances
S. M. Boison, Chief State Attorney, For the Republic. K. Narayan For the Fourth Accused.

Judgement
<p style="text-align: justify;"><strong>EDUSEI J</strong>. </p><p style="text-align: justify;">Mr. Narayan, counsel for the fourth accused, is seeking to tender in evidence the White Paper on the Report of the Ollennu Commission and the chief state attorney Mr. Boison has objected to its being tendered.</p><p style="text-align: justify;">The chief state attorney argued that the report of the Ollennu Commission (exhibit A) should be regarded as having been incorporated into the Corrupt Practices (Prevention) Act, 1964 (Act 230), and therefore the rules relating to the construction of enactments should be the guiding principles in determining the admissibility or non-admissibility of the White Paper. He contended that it is the duty of the court to interpret the statute and that reference should not be made to any interpretation given to it by the executive authority of the State. Counsel referred me to the cases of <strong>Katikiro of Buganda v. Attorney-General [1961] 1 W.L.R. 119, P.C.</strong> where a White Paper was rejected on the ground that it could not be used as an aid to the construction of the Constitution of …</p>

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