BENNIN AND OTHERS
V.
REPUBLIC

(1994) JELR 69467 (CA)

Court of Appeal 12 May 1994 Ghana
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- In 1993, James Scott Benin and three other accused persons were charged with conspiracy to kidnap and kidnapping before an Accra Circuit Court. - The defense counsel raised an objection to a summary trial, arguing that the charges were t

Case Details

Judges:LAMPTEY JA, AMUAH JA, ESSILFIE-BONDZIE JA
Counsel:QUAYNOR FOR NANA AKUFO-ADDO FOR THE APPELLANT,OSAFO SAMPONG, CHIEF STATE ATTORNEY (WITH HIM NERQUAYE-TETTEH, STATE ATTORNEY) FOR THE RESPONDENT
Other Citations:[1994 - 95] 2 GBR 595 – 602 C A

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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