THE REPUBLIC v. EUGENE BAFFOE-BONNIE & 4 ORS.

The Supreme Court of Ghana, per Adinyira (Mrs), JSC, resolved a constitutional reference from the High Court (Kyei Baffour J) concerning the scope of Article 19(2)(e) and (g) in criminal trials. The reference arose from summary proceedings against five accused persons charged with offences under the Criminal and Other Offences Act, the Public Procurement Act, the Anti-Money Laundering Act, and SMCD 140, involving an alleged USD$4,000,000 loss to the Republic. Defence counsel sought comprehensive pretrial disclosure, including witness statements and unused materials; the Director of Public Prosecutions agreed to reasonable disclosure but opposed absolutes, citing public interest and national security. Interpreting ‘adequate time and facilities’ purposively and in light of UDHR, ICCPR, and ECHR, the Court held that fair trial and equality of arms require pretrial disclosure in both summary and indictment trials: copies of witness statements, exhibits, and documents, including exculpatory and unused materials. Disclosure must occur before trial or within a reasonable time before use and is a continuing obligation. The duty is not absolute: relevance, privilege, witness protection, and state security may justify withholding, subject to judicial review. Non-disclosure yields adjournment rather than exclusion or nullity. The Court urged the Law Reform Commission to overhaul Act 30 to align criminal procedure with constitutional guarantees.