SAMUEL OSEI BOATENG v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI,J.A. - PRESIDING
- SOWAH,J.A.
- KWOFIE,J.A
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant, convicted of defrauding by false pretenses, sought to appeal against his sentence in the Court of Appeal. However, the Court confirmed that it is the High Court that has jurisdiction to hear criminal appeals from the Circuit Court. Therefore, the appeal in the Court of Appeal was held to be a nullity in line with the principle set in Frimpong and Another vs. Nyarko. The decision emphasizes that the jurisdiction for appeal is determined by the court and not the adjudicating judge.
ADJEI,J.A:
The Appellant was convicted by the Circuit Court Accra on 29th February, 2008 on a charge of Defrauding by False Presences contrary to Section 131 of the Criminal Offences Act, 1960(Act 29).
The trial Regional Tribunal Chairman who sat as an additional Circuit Judge sentenced the Appellant to ten (10) years in prison on each count. The sentences were to run concurrently.
The brief facts of the case as presented by the prosecution before the trial Circuit Court were that the Appellant styled himself as a bodyguard of Hon. Kan Dappah and took GH¢1,000.00 and USD 2,000.00 from one Adjei Malik under the pretext of securing him European travelling documents. The Appellant could not secure the travelling documents for the complainant and went into hiding. The Appellant pleaded “Not Guilty” to the charge but was convicted by the trial Judge after the trial.
Even though the Appellant indicated that he was appealing against the conviction, the grounds of appeal set forth by him show that he rather appealed against the sentence which he described as being harsh and excessive.
This Court would raise the issue of competence of the appeal and deal with it. It is a jurisdictional issue and goes to the root of the appeal. From the facts of the case and information available from the record of appeal the Appellant was arraigned before the Circuit Court presided over by a chairman of a Regional Tribunal. The Chairman of the Regional Tribunal heard the case as an additional Circuit Judge. The petition of Appeal disclosed that the Regional Tribunal Chairman heard the matter in the Circuit Court as an Additional Circuit Judge.
The impression we gather from the petition of Appeal is that the presiding Judge was a High Court Judge even though he sat as an additional Circuit Court Judge and therefore an appeal against his decision must be determined by the Court of Appeal.
A look at the clause 2 of the petition of Appeal clearly demonstrates that the matter was heard by a High Court Judge and it is this Court which is seised with the appeal. It states thus:
“That your Petitioner is aggrieved by the said conviction (or order 2 of the said High Court Judge and humbly prays that he may appeal against such conviction (or order) on the following”.
It is trite law that it is the Court that determines the forum for the appeal and not the person who presides over the Court. The Chief Justice may sit as an additional Circuit Court Judge or may nominate any justice of