REPUBLIC v. REGISTRAR OF HIGH COURT; EX PARTE ATTORNEY-GENERAL
December 1, 1981
SUPREME COURT
GHANA
CORAM
- CHARLES CRABBE J.S.C
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
- Constitutional Law
December 1, 1981
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Crabbe J.S.C. of the Supreme Court dismissed an application by the Attorney‑General’s office seeking certiorari to quash a High Court ruling that granted bail pending appeal to J. E. K. A. Appiah, a former special prosecutor convicted of extortion. The applicant argued error of law was apparent because the High Court judge, Sarkodee J., concluded a vital ingredient of extortion was not proved without the trial record or judgment being exhibited. The Supreme Court examined the affidavits and noted Appiah’s detailed opposition and counsel’s submissions had supplied sufficient material; later‑produced proceedings corroborated this. Reiterating the scope of certiorari, Crabbe J.S.C. held that bail is a discretionary judicial function and no excess of jurisdiction, extraneous considerations, or denial of due process was shown. Consequently, supervisory intervention was unwarranted and the application was dismissed.
JUDGMENT OF CRABBE J.S.C.
On 12 October 1981, the High Court of Justice presided over by Sarkodee J. gave a ruling. He said:
"Throughout criminal trials there is a golden thread which is that the prosecution must prove each and every ingredient of the offence charged beyond reasonable doubt. To succeed in charging extortion under section 239(1) of the Criminal Procedure Code, 1960 (Act 30), the prosecution must satisfy the trial court that the accused demanded or obtained money or other valuable consideration under colour of his office. This means that the person who gave out the money or valuable consideration must be called by the prosecution. It is a notorious fact now that Henry Kojo Djaba a victim of the extortion was out of the country and [p.410] returned after the conviction of the accused. He could not have been called by the prosecution. In any case it is not denied that he was not called by the prosecution. In my view proof of a vital ingredient of the offence of extortion was missing. On this ground alone the conviction is prima facie bad in law and the appeal is likely to succeed. I do not think I need to wait for the record of proceedings to make up my mind. The accused is accordingly granted bail in the sum of ¢10,000 with one surety to be justified."
In respect of this ruling an application was made to this court on the ground that there was an error of law on the face of the record for:
"An order of certiorari to bring up and quash the ruling of the High Court dated 12 October 1981 in suit No. 156/81. AND for such further order or orders as to this court may appear just in the exercise of its supervisory jurisdiction under article 119 of the Constitution, 1979 of the Republic of Ghana."
In an affidavit in support of the application, the law clerk in the office of the Attorney-General, stated:
"2. That I am aware that Mr. J. E. K. A. Appiah, the special prosecutor to the defunct Armed Forces Revolutionary Council Review Tribunal was convicted on two counts of a charge of extortion and sentenced to seven years' imprisonment with hard labour by his honour the circuit court judge Mr. Owusu Sekyere in Accra on 22 September 1981 and was consequently lawfully imprisoned.
3. That I am aware that the said J. E. K. A. Appiah was released on bail on 12 October 1981 by an Accra High Court presided over by his lordship Mr. Justice Sarkodee following an application for bail pending appeal by his counsel.
4. That I am advised by counsel and b