GH - THE REPUBLIC VS DR. CASSIEL ATO FORSON & ORS

This is a Ruling on two matters filed by the 1st Accused/Applicant (who may, where the context so admits, also be referred to as the 1st Accused/Appellant/Applicant or A1) on the following matters;

1. An application for Stay of proceedings pending appeal filed on the 21st of May, 2024;

a) Motion on notice for an order of enquiry into the conduct of the Attorney-General, (b) an order of mistrial in the instant criminal proceedings, (c) an order of injunction to restrain the Prosecution from any further prosecution of the instant criminal proceedings pending the determination of the Applicant’s motion for mistrial, and/or(d)an order of stay of proceedings in the instant proceedings pending the Applicant’s motion for mistrial, pursuant to Articles 12(1), 19(1)(2)(c) and (e), 33(1), 88(1), (3) and (4) of the 1992 Constitution and/or the inherent jurisdiction of the Court.

In the recording of the pending applications on the last day of hearing this matter, i. e. 4th June, 2024, it was recorded as follows; By Court: We have three applications pending and I have seen that Mr. Sory filed a notice objecting to the affidavit filed by the Republic/Respondent but there are three substantive applications pending.

The first one is the stay of proceedings pending appeal that Dr. Bamba filed, an application for an order of enquiry into the conductof the Attorney General for injunction for stay of proceeding filed on 28th May, 2024by Dr. Bamba and also a third application filed by Dr. Bamba which is an application for an order striking out the charges and staying proceedings against the third accused and there is a fourth motion for for an order of enquiry of the conduct of the Attorney General and there is an affidavit in opposition to the stay of proceedings filed by the A1/Applicant……. ”After studying the processes, it has become expedient that two Rulings be written, the subject-matter of each will be each Accused person.

In other words, each accused person’s (two) Applications/Objections will be dealt with together in one Ruling.

antecedents and facts of this case have been well set out in the Ruling on the Submission of no case delivered on 30th of March, 2023, in which all three accused persons were directed to open their defence.

There is no need to rehash them, except to state the relevant fact that the accused persons were arraigned before this Court on the basis of a charge sheet filed on the 23rd of December, 2021. It was placed before the instant J

This is a Ruling on two matters filed by the 1st Accused/Applicant (who may, where the context so admits, also be referred to as the 1st Accused/Appellant/Applicant or A1) on the following matters;

1. An application for Stay of proceedings pending appeal filed on the 21st of May, 2024;

In other words, each accused person’s (two) Applications/Objections will be dealt with together in one Ruling.

THE REPUBLIC VS DR. CASSIEL ATO FORSON & ORS

Areas of Law

RULING