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ASARE AND OTHERS v. THE REPUBLIC (NO. 2)

January 15, 1968

COURT OF APPEAL

CORAM

  • OLLENNU
  • AZU CRABBE
  • APALOO
  • LASSEY JJ.A.
  • EDUSEI J

Areas of Law

  • Civil Procedure
  • Criminal Law and Procedure

AI Generated Summary

This interlocutory ruling of the Ghana Court of Appeal, authored by Justice Ollennu J.A., addresses a preliminary objection by counsel for second appellant Henry Kwadwoe Djaba to Justice Apaloo J.A. sitting on the appellate bench. Counsel relied on two statements in paragraph 144 of the Apaloo Commission report, chaired by Justice Apaloo, noting Djaba was “recently convicted of a gigantic fraud” and suggesting he expected the former President to stop the prosecution. The Director of Public Prosecutions argued the objection was frivolous because the report merely stated facts, not an opinion on the conviction’s correctness. The court applied the reasonable person test, emphasized reading the passages in context, and observed the commission generally treated Djaba as a truthful witness, rejecting one issue only for lack of corroboration. Citing Amponsah v. Minister of Defence, the court held prior participation does not automatically disqualify a judge. The objection was overruled and the appeal was ordered to proceed.

Judgement