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DAVID AGBANYO v. THE REBUPLIC

February 27, 2025

COURT OF APPEAL

GHANA

CORAM

  • OPPONG J.A.
  • ACKAAH-BOAFO J.A.
  • TANDOH J.A.

Areas of Law

  • Criminal Law and Procedure
  • Constitutional Law
  • Evidence Law

AI Generated Summary

The Ghana Court of Appeal, per Ackaah-Boafo JA, set aside David Agbanyo’s 2014 High Court conviction for conspiracy to commit robbery and robbery, finding a denial of his constitutional right to a fair trial. The facts involved a January 2010 armed robbery at Richard Aniefiok Achibong’s Tema residence, during which Achibong was shot and his Range Rover taken. After an identification parade, Agbanyo was charged and later convicted by Justice Charles Quist and sentenced to forty years. On appeal, the court held that the trial judge closed Agbanyo’s case in counsel’s absence, failed to rule on key applications, and did not allow reopening to call witnesses, despite an alibi. The court rejected bias allegations for lack of proof, clarified that an earlier interlocutory appeal did not merge, and emphasized Article 19 rights and Act 30 powers to secure defence witnesses. Given nearly 15 years served, the court ordered acquittal and discharge, denying compensation, with Oppong JA concurring and Tandoh JA agreeing.

JUDGEMENT