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THE REPUBLIC v. HIGH COURT, EX PARTE: ATTORNEY GENERAL

2012

SUPREME COURT

GHANA

CORAM

  • DR. DATE-BAH JSC (PRESIDING)
  • ANSAH, JSC
  • YEBOAH, JSC
  • GBADEGBE, JSC
  • BAMFO,(MRS) JSC

Areas of Law

  • Administrative Law
  • Criminal Law and Procedure

AI Generated Summary

In a unanimous ruling authored by Dr. S. K. Date‑Bah JSC, the Supreme Court of Ghana dismissed the Attorney‑General’s application for certiorari to quash proceedings in the High Court, Accra, against Kennedy Ohene Agyapong. Principal State Attorney Anthony Rexford Wiredu filed processes after the Adjabeng District Magistrate declined jurisdiction; the High Court thereafter took Agyapong’s plea and granted bail. The Attorney‑General argued the High Court wrongly assumed jurisdiction because the processes were committal materials destined for a District Court and therefore it lacked authority to grant bail. Agyapong opposed, asserting a charge sheet—not an indictment—was filed, invoking section 182 of Act 30 and pointing to the charge sheet’s High Court heading. Emphasizing that certiorari is discretionary, the Court noted the Attorney‑General’s statutory alternative of nolle prosequi under section 54, found that the State had acquiesced by failing to object below, concluded it was unnecessary to decide the jurisdictional merits, and refused certiorari.