GEORGE K. OFORI v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH (J.A.) – PRESIDING
- GYAESAYOR, (J.A.)
- SOWAH, (J.A
Areas of Law
- Criminal law
- Appellate jurisdiction
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The application for leave to appeal is dismissed. The High Court erred in holding it had no jurisdiction, but the trial Circuit Court was justified in dismissing the applicants submission of no case to answer. The applicant is to open his defence at the trial Circuit Court, Accra.
RULING
KUSI-APPIAH, JA:
The applicant is standing trial on the offence of Extortion at the Circuit Court, Accra. At the close of the case for the prosecution, a submission of no case to answer was made by Counsel on behalf of the applicant herein. On 19th September, 2013 the trial Circuit judge dismissed the submission of no case and called upon the applicant to open his defence. The applicant being dissatisfied filed a notice of appeal against this ruling at the High Court (Fast Track Division) Accra on 30th September, 2013. The High Court upon hearing arguments from Counsel for the parties dismissed the appeal on 8th July, 2014 for lack of jurisdiction.
Still, dissatisfied with the dismissal of his appeal in the High court, the applicant mounted the instant application on 25th July, 2014 before this Court for leave to appeal against the following:
(1) Ruling of the Circuit Court, Accra dated 19th September 2013 presided over by NABARESE (J.) sitting as an Additional Circuit Court Judge dismissing the Applicant’s submission of No case to Answer.
(2) Ruling of the High Court (Fast track Division) Accra dated 8th July, 2014 presided over by HOMETOWU J., dismissing the applicant’s appeal for lack of jurisdiction.
The basis of the applicant’s application as can be seen by submission by Counsel and other processes and annexures in support are:
(a) That the learned High Court Judge erred in law when he ruled that the High Court had no jurisdiction to entertain and hear an interlocutory appeal from the Circuit Court.
(b) That the dismissal of the submission no case to answer by the trial Circuit Court was misconceived in law as the charge preferred against the Applicant was wrongful and misplaced.
The applicant therefore prays the Court to grant his application and set aside the ruling of the High Court and order the High Court to hear substantive appeal on its merits. The applicant’s second prayer reads:
“Alternatively, if Your Lordships are however minded to grant leave and consider the substantive interlocutory appeal . . .” (Emphasis mine).
In our view in dealing with an application for leave to appeal against a ruling / decision of a Court below, the court should not be so much concerned with a definitive decision on the merit. The obvious reason being that it might prejudice the appeal without having the full facts of the record of appeal. This court cannot therefore make any definitive finding on the second leg of the issues raised by counsel f