Ratio DecidendiRatio Decidendi



BENNIN AND OTHERS
V.
REPUBLIC

(1994) JELR 69467 (CA)    
Court of Appeal  ·  12 May 1994 ·  Ghana
 · 
Other Citations
[1994 - 95] 2 GBR 595 – 602 C A
CORAM
LAMPTEY JA, AMUAH JA, ESSILFIE-BONDZIE JA

Ratio Decidendi

Core Terms Beta
case
court
indictment
appeal
circuit court
law
summary of evidence
high court
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accused persons
counsel
learned circuit judge
order
trial judge
circuit judge
ground of appeal
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advance copies of the summary of evidence
appellate judge
attorney general
attorney-general of its opinion
background of prosecution witnesses
criminal code
foreign nationals
mode of trial
notice of appeal
persons
second degree felony
accra circuit court
accra high court
appeal of the republic
behalf of the attorney-general
charges of conspiracy
criminal procedure act
decision of the accra circuit court
defenses
essilfie-bondzie j.
fair trial
following offences
following order
great length
grounds of appeal
high court judge
maximum sentence
operative rule
prosecution’s evidence
stage of a summary trial of an offence
support of an application
trial circuit judge
trial of the accused persons

LAMPTEY JA.

Sometime in early 1993, James Scott Benin and three named accused persons were arraigned before an Accra Circuit Court on charges of conspiracy to kidnap and kidnapping (four counts in all). Before the hearing on the merits could commence, learned counsel appearing for the accused persons raised a preliminary objection to their being tried summarily. The trial judge recorded the reasons urged in support of an application for trial of the accused persons on indictment as follows:

“(a) The charge is a serious one, a second degree felony and too serious to merit summary trial.
(b) If tried on indictment, the accused persons would have the opportunity to know the prosecution’s evidence against them from the outset and able to instruct counsel on their defenses since they would be served advance copies of the summary of evidence; and
(c) Trial on indictment would enable them to know the background of prosecution witnesses who may well be foreign nationals of whom practically nothin…
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