Try asking the following...
Try asking the following...
May 13, 1976
HIGH COURT
GHANA
CORAM
The applicants herein have been charged before the District Court/Grade II , Cape Coast, with the offence of murder contrary to section 46 of the Criminal Code, 1960 (Act 29). On 3 May 1976, they were all remanded in custody. This application for bail for them has been brought by their counsel, Mr. E. M. Amponsah-Dadzie, under the Criminal Procedure Code, 1960 (Act 30), s. 96 (3). In an affidavit supporting the application it has been stated that the accused persons have been wrongly arrested and charged with the offence as none of them could be said to have taken part in the alleged murder of the victim, a child by name Benjamin Coleman. A copy of the motion paper and the supporting affidavit were served on learned state attorney but no affidavit in opposition was filed. This means that the facts deposed to in the applicants' affidavit are not denied by the Republic.
At the hearing of the application the learned state attorney referred to the Criminal Procedure Code (Amendment) Decree, 1975 (N.R.C.D. 309), which has amended the original section 96 (3) of the Criminal Procedure Code, 1960 (Act 30), under which the High Court or the circuit court could grant bail in murder cases. Counsel then submitted that under section 96 (7) (a) of the Criminal Procedure Code, 1960 (Act 30), as amended by N.R.C.D. 309, this court has no jurisdiction to grant the application. Section 96 (7) (a) of the Criminal Procedure Code, 1960 (Act 30) as amended by N.R.C.D. 309, reads: "A court shall refuse to grant bail (a) in a case of treason, subversion, murder, robbery, hijacking, piracy or escape from lawful custody." The words of the paragraph are mandatory and bail cannot be granted by any court to a person properly charged with murder.
The applicants herein claim that they have not killed or taken part in the killing of any person and, as I have said before, that claim has been impliedly admitted by the respondent. That being so the applicants cannot [p.280] be said to have been properly charged with murder. The law must be used to protect life, liberty and property and not to destroy them. In the circumstances of this application I hold that the provisions of section 96 (7) (a) of the Criminal Procedure Code, 1960 (Act 30), as amended, do not apply and since the application is not opposed on any merits it is hereby granted.
I must take this opportunity to advocate the amendment of section 96 (7) (a) of the Criminal-Procedure Code, 1960 (Act 30), since it can be used to
AI Generated Summary
ABOAGYE J considered an application for bail by multiple applicants charged with murder under section 46 of the Criminal Code before the District Court/Grade II, Cape Coast, who were remanded in custody on 3 May 1976. Represented by Mr. E. M. Amponsah-Dadzie, they sought bail in the High Court under section 96(3) of the Criminal Procedure Code. Their affidavit asserted wrongful arrest and denied any involvement in the killing of Benjamin Coleman; the state attorney filed no opposing affidavit, leaving those facts uncontested. Although the state relied on section 96(7)(a), introduced by N.R.C.D. 309 to mandate refusal of bail in murder cases, the court held that the provision applies only to persons properly charged. Because the uncontested affidavit showed the applicants were not properly charged, section 96(7)(a) did not bar bail. Emphasizing protection of life and liberty and the hardship of lengthy pretrial detention, the court granted bail with monetary and reporting conditions.