FRANCIS DEMU @ DIESEL & ANOTHER v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI, JA – PRESIDING
- CECILIA H. SOWAH, JA
- HENRY KWOFIE, JA
Areas of Law
- Criminal Law
- Appeal and Review Jurisdiction
- Revisional Powers
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the sentence imposed on the appellant by the High Court, Ho was dismissed for want of jurisdiction as the Court of Appeal does not have criminal review jurisdiction. The only court that can review its criminal decisions is the Supreme Court. Revisional powers are distinct from review jurisdiction and are conferred upon High Court Judges and the Chief Justice.
JUDGEMENT
ADJEI, J.A:
This appeal is against the sentence imposed on the appellant by the High Court, Ho on 27th August, 2003. The three offences preferred against the appellant before the trial High Court were two counts of conspiracy to commit robbery and robbery contrary to Sections 23 and 149 of Act 29, 1960 respectively.
The appellants were tried on indictment at the High Court and the Jurors found them guilty on all the two counts. The trial High Court Judge sentenced the appellant who were then aged 35 and 23 years respectively to a term of thirty (30) years imprisonment to run concurrently.
The appellants now appeal to this court for reduction of sentence as they deem their sentences as harsh and excessive. It has come to our notice that the first appellant once appealed to the Court of Appeal, Accra on the same record and was dismissed by the Court on 22nd November, 2011.
This court cannot sit as an appellate court on the decision rendered by the Court of appeal, Accra. It is the same court but differently constituted. Furthermore, this court cannot review its own criminal judgment and the appeal should be dismissed. Neither the Constitution of Ghana, 1992 nor Courts Act, 1993 (Act 459) confer criminal review jurisdiction on this Court. The Rules of Court Committee in the Court of Appeal Rules (C.I. 19) conferred review jurisdiction in exceptional cases on the Court of Appeal. The review jurisdiction is however but it is limited to civil matters. Rules 8 – 37 of C.I. 19 with the exception of rule 27 A. are on civil appeals only. However, the Court in its quest to do Justice may adopt some of the civil provisions in criminal appeals but the law is that the Court of Appeal and all the Courts below it lack jurisdiction to review their criminal decisions. There is no provision in the 1992 Constitution, the Courts Act, the Criminal procedure and other Offences Act and any other law which confers review jurisdiction in criminal matters on the Court of Appeal and all the courts below it. The law is settled that a court exercising a criminal jurisdiction becomes functus officio after it has rendered its decision unless a statute expressly confers review jurisdiction in criminal matters on it.
Review Jurisdiction is different from the revisional Powers conferred on High Court Judges and the Chief Justice by Section 52 of the Courts Act, Act 459. The revisional Powers cloth the High Court Judge exercising Jurisdiction over the District to receive a co