DJABA v. THE STATE

This case concerns an application for bail pending appeal by an individual convicted of conspiracy and stealing. The court, presided over by Wiredu J., addressed three main issues: the court's jurisdiction to entertain the bail application, the conditions governing the granting of bail pending appeal, and whether the application should be entertained. The court determined it had jurisdiction under section 22(2) of the Courts Act, 1960. It then established that the conditions for granting bail should focus on the chance of success in the appeal, the likelihood of the appellant appearing for the hearing, and potential hardship if imprisoned. The court rejected the need for undefined 'exceptional circumstances' as required in some previous cases. Instead, it emphasized that justice should not be rationed and that bail should be granted if there are valid debatable issues or chances of success in the appeal. Applying these principles to the case at hand, the court found that there were strong arguable issues in favor of the applicant, that he was unlikely to abscond, and that continued imprisonment could work hardship if the appeal succeeded. Consequently, the court granted the application for bail, setting conditions including a substantial bail amount, sureties, and the surrender of the applicant's passport.