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DAVID AGBANYO
V.
THE REPUBLIC

(2025) JELR 114339 (CA)

Court of Appeal 27 Feb 2025 Ghana
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- The appellant, David Agbanyo, was convicted in the High Court (Accra) in December 2014 of conspiracy to commit robbery and robbery under sections 23(1) and 149 of Act 29, and sentenced to forty years' imprisonment to run concurrently. - T

Case Details

Suit Number:SUIT NO: H2/18/2024
Judges:ANTHONY OPPONG, JA KWEKU T. ACKAAH-BOAFO, J.A ABOAGYE TANDOH, J.A
Counsel:DAVID AMETEPE (ESQ) FOR APPELLANT MERCY ARTHUR (PSA) FOR RESPONDENT
Location:Accra

JUDGMENT

Ackaah-Boafo, JA:

i. Overview:

[1] My Lords, upon reviewing the Record of Appeal (ROA), I wish to state unequivocally that no one directly involved in this case can take pride in or be satisfied with the process that led to the conviction and sentencing of the accused/appellant. It cannot be gainsaid that the single most crucial feature of any criminal prosecution is the guarantee of a fair trial. The integrity of the justice system is anchored in the impartiality of the judiciary, ensuring that justice is served to all persons. Every individual charged and brought before the courts of this country must be given the opportunity to present their defence and respond to the charges against them. This is because the right to a fair trial is a fundamental human right enshrined in Article 19 of the 1992 Constitution of Ghana. In this case, the Appellant contends that his fundamental right to a fair trial was breached. The following reasons explain why I would allow this appeal in part…

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