PAUL LARBIE & ORS v. THE REPUBLIC
2018
COURT OF APPEAL
GHANA
CORAM
- AYEBI,J.A
- ADJEI,J.A
- SUURBAAREH,J.A
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal against the High Court's refusal to grant bail to four appellants charged with conspiracy to commit murder and murder. The Court of Appeal examined the procedural history and determined that the appeal was not properly before the court. The court emphasized that appeals are creatures of statute and must comply with relevant laws. In this case, the second repeat bail application at the High Court was filed contrary to law, rendering the subsequent appeal void. The Court of Appeal concluded it had no jurisdiction to entertain the appeal and dismissed it, highlighting the importance of following proper legal procedures in the appellate process.
ADJEI, J.A:
The Appellants herein are accused persons before the District Court, Adjabeng, Accra. The Appellants have been charged for two counts of offences namely; conspiracy to commit murder contrary to section 23 (1) of Act 29/60 and murder contrary to section 46 of Act 29/60.
The brief facts of the case presented before the District Court were that the 1st Appellant is a land guard and the 2nd, 3rd and 4th Appellants are traders living at Oduman. On 14th October, 2016, the 1st Appellant accused the deceased, Baba Mahmoud for having stolen his motor bike. The Appellants called the deceased on phone to meet them and when he arrived at the scene, the Appellants attacked him with sticks and assaulted him. The Appellants stripped the deceased naked and subjected him to severe beatings. The Appellants further dragged the deceased to the nearby bush, abandoned him and was subsequently found dead. The Appellants absconded and were arrested from their hideout.
The District Court remanded the Appellants at their first appearance in Court on 30th November, 2016. On 11th January, 2017 the District Court refused to grant the application for bail made by the Appellants.
The Appellants on 31st January, 2017 filed an application to the High Court for bail. The Appellants in their repeat application to the High Court for bail denied completely the facts presented by the prosecution and deposed that there are persons of substance who have offered to stand as sureties for them . The High Court on 13th April, 2017 refused the application for bail. The High Court in refusing the application for bail held thus:
“I find in paragraph 11 of the affidavit in opposition that the Applicants were arrested in their hideout by the youth in the town of Oduman and handed over to the Police.
This, Counsel for the Applicant has not disputed when asked if he had something to say in respect of the affidavit in opposition.
In the circumstance, I am on the view the Applicants are not likely to appear to stand for trial when released on bail. I therefore refuse bail application with liberty to re-apply if trial is unduly delayed”.
The legal effect of the statement by the High Court Judge to the effect that the Applicants have liberty to re-apply for bail if the trial is unduly delayed shall be discussed in the course of the judgment.
The Appellants did not appeal against the ruling of the High Court delivered on 13th April, 2017.
The Appellants subsequently filed another applicati