1998
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana considered the Republic’s application for certiorari to quash Court of Appeal proceedings and orders concerning bail for Frank Benneh, a foreign-service officer facing narcotics charges. After the Regional Tribunal refused bail on 7 July 1998, Benneh’s counsel filed notices of appeal and bail motions in the Court of Appeal; the Court of Appeal, invoking rule 7 of C.I. 19, accepted an interlocutory appeal and granted bail. The Republic argued lack of jurisdiction and procedural irregularities (wrong forum, non-listing, service, and compilation of records). Writing for the Court, Edward Wiredu, J.S.C., held the Court of Appeal was competently seized, could prescribe procedure under rule 7, and rightly prioritized liberty and expeditious justice. Atuguba, J.S.C., concurred, emphasizing that certiorari is discretionary and adequate notice existed. Kpegah, J.S.C., dissented, but the majority dismissed the application.
EDWARD WIREDU, J.S.C.:
The Republic, Applicant to this application shall hereafter be referred to simply as the Applicant, whilst the Interested Party (Mr. Benneh) will also hereafter be referred to simply as the Accused Person.
The application is for an order of certiorari to quash the proceedings, rules and order of the Court of Appeal (Criminal Division) dated 20th, 22nd and 27th July, 1998 on the grounds that they are a nullity.
The grounds urged in support of the application are as follows:
"1. The Court acted without jurisdiction in purporting to entertain a petition of Appeal dated 8th July, 1998 filed in the Registry of the Court of Appeal against the refusal of the Regional Tribunal to grant bail, and a motion filed in the Registry of the Court of Appeal on 16th July, 1998 for bail on 20th July, 1998 and making orders directed to the Attorney-General in that respect.
2. The Court acted without jurisdiction in purporting to adjourn the said supposed petition of appeal of 8th July, 1998 which was not listed for hearing to 22nd July, 1998.
3. The Court acted without jurisdiction and in breach of the rules of natural justice and fair trial by failing or refusing to record the proceedings of the Court on 22nd July, 1998 when both Counsel for the parties appeared before the Court and made submissions and the Court gave directions to the Registrar of the Regional Tribunal and Counsel for the Appellant/Respondent to expedite a supposed appeal to be properly filed and purported to adjourn the case to 27th July, 1998 for hearing.
4. The Court on 27th July, 1998 acted without jurisdiction in hearing a purported petition of Appeal dated 22nd July, 1998 and filed in the Registry of the Regional Tribunal for bail which had not been properly forwarded to the Court or listed for hearing by the Registry of the Court of Appeal instead of hearing Motion No. 17/98 which had been listed and notified to the parties for hearing that day.
5. The proceedings, rulings and orders of the Court of Appeal from 20th July, 1998 through 27th July 1998 in respect of the above case are null and void, disclose serious errors of law on the face of the records and should be quashed.
6. The proceedings, decisions and rulings of the Court of Appeal violate the rules of natural justice and fair trial".
The facts which have provoked the application may be stated in a nutshell as follows.
The accused was arraigned before an Accra Regional Tribunal some time in the latter pa