JONAS KPAKPO ALLOTEY v. THE REPUBLIC
2013
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, J.A. (PRESIDING)
- OFOE, J.A.
- TORKORNOO (MRS.), J.A
Areas of Law
- Constitutional Law
- Criminal Law and Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The court granted the applicant's plea for bail, finding that the 5 years and 6 months delay without trial was unreasonable and attributable to negligence by the prosecution. The prolonged detention violated the applicant's constitutional rights to a fair and speedy trial.
R U L I N G
KUSI-APPIAH, J.A.: This is an application for bail pending trial of the applicant who is accused of, and charged with, the murder and robbery of one Emmanuel Kwesi Ayeh (deceased) with one Emmanuel Kwabena Asare Ayeh alias K.B. and who are now appearing before the James Town District Court, Accra.
In the affidavit accompanying the application for bail, the deponent, who claims to have the authority of the applicant to depose to the facts contained in the affidavit, stated in relevant terms as follows: The applicant has been in custody for 5 years 6 months without trial and that the continued detention of the applicant is unjustified and is against express provision of the law and therefore wrongful. The deponent’s firm belief was that the applicant was in no way connected with the murder and robbery of one Emmanuel Kwesi Ayeh, a belief confirmed by confession statement of his accomplice. He however, admitted permitting his said friend Emmanuel Kwabena Asare Ayeh alias K.B. to stay with him for two months at a time he did not know his friend had caused the death of his Grandfather. That the applicant was arrested with Abieku Thompson and Aisha Razak as accomplices but both of them have been granted bail whilst the applicant’s plea for bail was refused on 4th June 2012, and 8th October, 2012 by the High Court and Court of Appeal respectively. A certified copy of the Court’s proceedings so far was exhibited alongside the affidavit in support.
I shall refer to the relevant portion of the record where it becomes necessary in the course of this ruling.
The respondent represented by the office of the Attorney General, Accra, opposed the application for bail by an affidavit in opposition the relevant portions of which read as follows;-
“ 11. That on 14/05/08, the accused, Emmanuel
Kwabena Asare Ayeh was arrested at Kasoa and he led the police to arrest his accomplice, Jonas Kpakpo Allotey alias Saamoa (Applicant herein).
13. That on 17/06/08 , all the four accused persons were arraigned before the James Town Mantse Palace District Court where accused persons Abieku Thompson and Aisha Razak were admitted to bail, whilst Emmanuel Kwabena Asare Ayeh alias K.B. and Jonas Kpakpo Allotey alia Saamoa (Applicant herein) where remanded in prison custody.
15. That the said confession statement therefore has no merit and accordingly we are urging this Honourable Court to ignore it.
17. That the applicant himself gave a confession statement to the poli