ERNEST PREMPEH Vs. KING

JUDGEMENT

(1.) This is an appeal from a judgment of the West African Court of Appeal (Criminal Jurisdiction) affirming the conviction of the four appellants on the first count and quashing it on the second count of the information preferred against them in the Supreme Court of the Gold Coast.

(2.) On 28 - 2 - 1944, a man named Akyea Mensah, the father of one Ohemeng and the brother - in - law of one Yaa Amponsah was reported missing and was still missing at the date of the trial in December 1944. In July 1S44, eight persons including four brothers of accused 3 were arrested and charged with the murder of Akyea Mensah.

(3.) On 4 - 12 - 1944, the four appellants were charged on information on the following counts: First Court; Conspiracy to abet Perjury. Contrary to sections 49 (1), 46 (1) and 359 of the Criminal Code. Particulars of Offence: Ernest Prempeh, Kenyon Vincent Daley, Yaw Boakye alias Eric Ofori Atta and Maria Smith, on divers days in the mon July, 1944, in Ashanti, agreed together with a common purpose for abetting perjury, by instigating such persona as they might thereafter induce to give evidence to make knowingly false verbal statements upon oath before a Court to the effect that the said persons had seen Akyea Mensah alive at Kete Krachi. Second Count: Abetment of Perjury. Contrary to sections 46 (1) and 359 of the Criminal Code. Particulars of Offence : Ernest Prempeh, Kenyon Vincent Daley, Yaw Boakye alias Eric Ofori Atta and Maria Smith on a day in July 1944, in Ashanti, instigated Emmanuel Kwadjo Ohemeng to commit perjury by making knowingly a false verbal statement upon oath before Court to the effect that he the said Emmanuel Kwadjo Ohemeng had seen his father Akyea Mensah alive at Kete Krachi.