DANIEL AYAREBA
V.
ATTORNEY GENERAL

(2017) JELR 65402 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL/MOTION NO: H3/6/2017 ·  23 Mar 2017 ·  Ghana
CORAM
KUSI-APPIAH J.A.
Core Terms Beta
applicant
counsel
court
article
supreme court
appeal
case
instant case
issue
material witnesses
caution statement
counsel’s view
court of appeal
part of his sentence
applicant’s arrest
circumstances of the case
criminal offence
dodzie sabbah case
failure of prosecution
g.m.l.r. page
high court
innocent person
inter alia
trial judge
above submission
appeal of a convict
appellate court
applicant’s appeal
applicant’s successful appeal
application turns
basic issue
central issue
certificate of the court
counsel’s position
court certifying
criminal offences act
divergent opinion
dodzie sabbah vrs
dotse j.s.c.
legal effect
malicious prosecution
mandatory spirit
mere fact
probative value
proper appreciation of the facts
resume of the case
said article
similar issues
such compensation

RULING

KUSI-APPIAH, J.A.:

This application turns on the correct interpretation to place on article 14(7) of the 1992 Constitution. There are other ancillary matters too. The article provides that:

“14(7)Where a person who has served the whole or a part of his sentence is acquitted on appeal by a court, other than the Supreme Court, the court may certify to Supreme Court that the person acquitted be paid compensation, and the Supreme Court may, upon examination of all the facts and the certificate of the court concerned, award such compensation as it may think fit, or where the acquittal is by the Supreme Court, it may order compensation to be paid to the person acquitted.”

The appellant/applicant (hereinafter referred to as the applicant) contends that by this provision a person who has served the whole or a part of his sentence is acquitted on appeal by a court, is entitled to be paid compensation upon that court certifying same to the Supreme Court. The respondent/respondent (hereinafte…

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