DANIEL AYAREBA
V.
ATTORNEY GENERAL

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…