DJABA v. THE STATE
April 22, 1966
HIGH COURT
GHANA
CORAM
- WIREDU J
Areas of Law
- Criminal Law and Procedure
April 22, 1966
HIGH COURT
GHANA
CORAM
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JUDGMENT OF WIREDU J.
The applicant was convicted on 10 May 1965 with two others of conspiracy and stealing an amount of £G512,000 and he was sentenced to 24 years' imprisonment with hard labour. He has filed an appeal and applied to this court for bail.
The main grounds of the application are that he has a reasonable chance of success in the appeal which may take a long time before it is heard and that his being kept in custody would work hardship and be unjust to him should the appeal succeed. This point was canvassed exhaustively in the analysis of the 97 page judgment of Akainyah J. (as he then was) sitting in the High Court, Accra.
The respondent dwelt mainly on the question of jurisdiction and on authorities showing that there must be special or exceptional circumstances before bail should be granted.
I have therefore to decide:
(1) Whether or not I have jurisdiction to entertain this application.
(2) Conditions governing granting of bail pending appeal.
(3) Whether this application should be entertained.
The application was originally brought under section 332 (1) and later amended to include section 96 (1) to (3) of the Criminal Procedure Code, 1960,1 and section 22 (2) of the Courts Act, 1960.2 Section 332 (1) as amended by the Criminal Procedure Code (Amendment) (No. 2) Act, 1962,3 reads:
"After the filing of a petition of appeal by any person entitled to appeal, and pending the hearing, the High Court may, for reasons to be recorded by it in writing, order that the execution of a sentence or order appealed against be suspended and also, if he is in confinement, that he be released on bail or on his own bond."
The respondent contends that this section comes under Part VIII of the Act and therefore refers to appeals from district courts that being that sub-heading. The reply to that was that that sub-heading cannot control the section because subsequent sections reveal that though the subtitle refers to appeals from district courts there is mention of juvenile and circuit courts and that shows that Part VIII is not restricted to district courts. Besides section 4 of the Interpretation Act, 1960,4 states that, "titles placed at the head or beginning [p.329] of any subdivision of an enactment . . . are intended for convenience of reference only and do not form part of the enactment."
Section 336 as amended by Act 116, s. 9 and section 8 of the Criminal Procedure Code (Amendment) Act, 1965,5 provides that:
"Every appeal made under secti
AI Generated Summary
Wiredu J., sitting in the High Court, considered an application for bail pending appeal by an applicant convicted of conspiracy and theft of £G512,000 and sentenced to 24 years’ imprisonment. The applicant argued there were strong prospects on appeal, that preparation of the record would delay the hearing, and that continued incarceration would be unjust if he succeeded. The respondent contested the High Court’s jurisdiction and urged that bail required exceptional circumstances. Interpreting CPC ss. 332(1) and 336 and Courts Act, 1960, s. 22(2), and applying Interpretation Act, 1960, s. 4, the judge held that the High Court had jurisdiction under s. 22(2) because 'court' refers to the institution, not the individual judge. He rejected the exceptional‑circumstances threshold and articulated three criteria—prospects of success, likelihood of attendance, and hardship—found them satisfied, and granted bail of £G300,000 with three £G100,000 sureties, ordering surrender of passport.