ABDULAI III AND OTHERS v. THE REPUBLIC

In the Court of Appeal, Ampiah J.A., with Lamptey J.A. and Essiem J.A. concurring, addressed a preliminary objection raised by counsel for the Republic to an attempted appeal from convictions affirmed by the High Court, Tamale. After the appellants’ convictions in the Circuit Court, Tamale, the High Court upheld the result on 13 October 1987. A notice of appeal was filed on 10 November 1987, by which time the Courts (Amendment) Law, 1987 (P.N.D.C.L. 191) had been enacted (26 October 1987). Section 2(3)(b) of that law requires leave of the High Court for appeals to the Court of Appeal when the High Court confirms a lower court decision. The appellants invoked section 8(1)(c) of the Interpretation Act, 1960, and relied on Re Claims by La Mantse to argue that their accrued right to appeal could not be impaired. The Court distinguished vested rights from procedural rules and, citing Commissioner of Police v. Akyeampong, held that a right of appeal is procedural. Because the appellants had not exercised the right before P.N.D.C.L. 191 took effect, the new leave requirement governed, and the appeal was struck out with advice to seek leave in the High Court.