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ERIC ASANTE
V.
THE REPUBLIC

(2018) JELR 68864 (SC)

Supreme Court 30 May 2018 Ghana
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- The Supreme Court held that compensation under Articles 14(5) and 14(7) of the Constitution for wrongful conviction and imprisonment is discretionary, not automatic, and covers the full period of pre-conviction detention if interrelated w

Case Details

Suit Number:CRIMINAL MOTION NO. J8A/03/2017
Judges:YEBOAH JSC (PRESIDING), BAFFOE-BONNIE JSC, GBADEGBE JSC, APPAU JSC,PWAMANG JSC
Counsel:VICTOR KWESI OPEKU FOR THE APPLICANT,VICTORIA ASIEDUWAH (SENIOR STATE ATTORNEY) FOR THE RESPONDENT

RULING

GBADEGBE JSC

We have before us in the exercise of our jurisdiction under article 14 (7) of the Constitution a claim by the applicant herein for compensation. Article 14(7) provides:

“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 the 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 background to the matter herein may be set out shortly as follows. The applicant was convicted on a charge of defilement by the High Court on September 05, 2005. His appeal to the Court of Appeal was unsuccessful but a further appeal to this court was allowed in an unreported judgment dated January 26, 2017, a copy of which …

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