2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court quashed the High Court's decision that halted the criminal proceedings against Prince Kofi Amoabeng and John Aidoo at the Circuit Court, Accra. The High Court had overstepped its jurisdiction by quashing the proceedings purely on human rights grounds, without the presence of procedural errors or jurisdictional overreach by the Circuit Court. The Supreme Court held that certiorari was improperly used as a substitute for an appeal and reestablished the locus standi for complainants in such matters. The Circuit Court was directed to continue with the criminal trial.
ANIN-YEBOAH JSC:-
My Lords,
On the 19th of February, we granted an application for certiorari and made
far-reaching consequential orders but deferred our reasons. We now
proceed to offer our reasons for granting the application.
To appreciate the grounds leading to the grant of certiorari against the High
Court, Accra [Human Rights Division], it is crucial to briefly state the facts of
the case culminating in this application.
The applicant herein, NAA OTUA SWAYNE, was at the time material to this
case a complainant in a criminal case pending before His Honour Judge
Francis Obiri sitting at the Circuit Court, Accra. The case was intituled as:
CASE No D6/278/12: THE REPUBLIC V PRINCE KOFI AMOABENG AND JOHN
AIDOO; and for a fuller record the charge sheet states thus:
IN THE CIRCUIT COURT
ACCRA
STATEMENT OF OFFENCE
FRAUD AS TO THING PLEDGED OR TAKEN IN EXECUTION contrary to
section 143 of Act 29/60.
PARTICULALRS OF OFFENCE
PRINCE KOFI AMOABENG: BANKER; For that you between 2005 and
2007, in Accra in the Greater Accra Circuit and within the jurisdiction of this
Court; with intent to defraud secretly and with deceit did release the Title
Documents of property No23 Ringway Estate owned by Nana Otua Swayne
which were in your custody to Alexander Adjei to use as a mortgage to
secure a loan of Gh¢1,279,000 from HFC Bank.
COUNT TWO
STATEMENT OF OFFENCE
ABETMENT OF CRIME TO WIT: Fraud as to thing pledged or taken in
execution contrary to section 20 and 143 of Act 29/60.
PARTICULARS OF OFFENCE
JOHN AIDOO: LAWYER; For that, you during the year 2007 at Accra in
Greater Accra Circuit and within the jurisdiction of this Court with intent to
commit crime did aid and abet Prince Kofi Amoabeng to commit crime to wit:
fraud involving Title Documents of property No 23 Ringway Estate belonging
to Naa Otuah Swayne.
The two persons named in the charge sheet were facing prosecution at the
Circuit Court, Accra, presided over by His Honour Judge Francis Obiri for the
charges listed against their names. According to the applicant herein, she
was called by the prosecution as first prosecution witness to give evidence
after the Court had recorded not guilty pleas on their behalf. The trial
continued and the prosecution closed its’ case. The two persons in the
exercise of their rights under section 173 of the Criminal and other Offences
(Procedure) Act, Act 30 of 1960 made a submission of no case to answer but
same was overruled by the trial