EDMUND ADDO VS ATTORNEY GENERAL

In the High Court, His Lordship Justice Nicholas M. C. Abodakpi considered an interlocutory motion by the Applicant seeking a stay of criminal proceedings pending at Circuit Court ‘5’, Accra. The Applicant, arrested on 27/05/2016 and arraigned on 02/06/2016 on charges of defilement and child pornography under Act 29 and Act 772, argued that a de novo trial ordered after the transfer of H/H Mrs. Abena Oppong Adjin-Opoku and the arrival of H/H Rita Abrokwa Doko (Mrs.) would prejudice his fair trial and education rights, especially given a rights-enforcement application pending in the High Court. The Attorney General/Respondent opposed, characterizing the motion as a delaying tactic, citing Applicant’s efforts to stop forensic examination of seized devices and lack of cooperation, and noting case management was underway, bail status, and a similar application’s dismissal by the trial court. Applying discretionary standards requiring exceptional circumstances and balancing complainant and accused rights, the Court found the Applicant had not shown delay attributable solely to the Respondent and declined to make definitive findings on the de novo issue, ultimately dismissing the stay application without costs.