MAURICE ASOLA FADOLA v. REPUBLIC

This Court of Appeal ruling, authored by Apaloo JA, addresses an application by the appellant/applicant—represented by Mr. Attah Akyea—to stay proceedings in the High Court, Accra. The applicant sought a stay after the trial judge proceeded with prosecution witnesses despite a motion requesting their psychiatric evaluation; the High Court refused or dismissed that motion, and counsel appealed. The affidavit alleged risks from mentally challenged witnesses and potential imprisonment based on hallucinations, asserting irreparable loss absent a stay. Applying the established standard, the Court held that exceptional circumstances were not shown. It determined that foreign authorities supporting psychiatric referral were persuasive, not binding, consistent with Dexter Johnson. The Court clarified that even a person of unsound mind can be a competent witness under Evidence Act section 59(1). It found no irreparable loss and emphasized that any improper trial steps can be corrected on appeal, ultimately dismissing the stay application. DUOSE JA and GYAESAYOR JA concurred.