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DOGBE AND OTHERS
V.
THE REPUBLIC

(1976) JELR 64310 (HC)

High Court 19 Mar 1976 Ghana
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- High Court held that section 96(7) of the Criminal Procedure Code (Act 30) as amended by N.R.C.D. 309 is mandatory and absolutely precludes the grant of bail in murder cases, regardless of health, age, or the Attorney-General’s opinion. -

Case Details

Judges:TAYLOR J.
Counsel:B. G. HUTCHFUL FOR THE APPLICANTS; KALEO BIO PRINCIPAL STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1976] 2 GLR 82

TAYLOR J.: I find the decision I am about to deliver distressing in view of the remarks which I am obliged to make in the course of delivering it, remarks which I would have preferred not to make but which in the view I take of my judicial functions I have to make to ensure that the rule of law is respected by members of the bar committed to uphold it.

On 22 December 1975 I dismissed an application for bail made to this court on behalf of the seventeen applicants herein. Before me now the applicants have renewed the said application by the same counsel who filed the previous application. This is an application for bail pending trial and because the charges the applicants face are murder and abetment of murder the application deserves very serious consideration indeed. In order to appreciate the legal principles which in my view must be brought to play in considering the application I think it is necessary to advert to the grounds on which the applicants are proceeding. The said grounds…

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