AKAINYAH AND ANOTHER v. THE REPUBLIC [1968] GLR 548-566

Courts—Judicial power—Meaning—Usurpation of judicial power—Commission of inquiry appointed under Act 230, s. 1 to inquire into allegations of corruption—Commission to submit report of findings to Attorney-General—Section 4 (1) of Act empowering Attorney-General to prefer criminal charges in High Court based on findings of commission—Section 5 (2) providing that findings of commission shall be prima facie evidence—Prescription of minimum sentence by section 8 (2)—Whether commission under Act 230 in the circumstances court vested with judicial power in contravention of article 41 of 1960 Constitution—Whether sections 5 (2) and 8 (2) of Act 230 constitute invasion of judicial power—Exercise of judicial functions not synonymous with exercise of judicial power—Validity and object of Act 230—Constitution, 1960, art. 41—Corrupt Practices (Prevention) Act, 1964 (Act 230), ss. 1, 4 (1), 5 (2) and 8 (2).