Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

ASIEDU v. THE REPUBLIC

October 9, 1967

HIGH COURT

GHANA

CORAM

  • AMISSAH J.A

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

In an application for bail pending appeal, counsel for the Republic raised a preliminary objection arguing that only the Court of Appeal or the convicting judge could grant bail under paragraph 20(2) of the Courts Decree, 1966 (N.L.C.D. 84), and that section 332(1) of the Criminal Procedure Code, 1960 (Act 30) related solely to pre-conviction bail as stated in Owusu v. The State. The judge, noting that this court was the proper forum to hear the applicant’s substantive appeal, analyzed the statutory language and the scope of precedent. He observed that section 332(1) expressly refers to suspension of the execution of a sentence and release of a confined appellant after a petition of appeal has been filed, which presupposes conviction. He further reasoned that lower courts are bound only by the ratio decidendi of higher courts; the Owusu pronouncement on section 332(1) was obiter and concerned appeals to the Court of Appeal. The objection was overruled.

Judgement