FELIX ENGSALIGE NYAABA
V.
THE ATTORNEY GENERAL

(2017) JELR 63648 (HC)    
High Court  ·  SUIT NO. HRCM/353/2015 ·  4 Jul 2017 ·  Ghana
CORAM
GIFTY AGYEI ADDO J HIGH COURT JUDGE
Core Terms Beta
article
applicant
compensation
supreme court
court
appellate court
state
order
paragraph
respondent
constitution of the republic of ghana
instant application
supporting affidavit
wrongful conviction
arbitrary arrest
fair trial
further states
high court
african charter
applicant’s case
applicant’s plaint
certificate of award
circuit court
civil procedure
criminal offences act
crux of the respondent
degree program
enforcement of the fundamental human rights
exercise of discretion of the appellate judge
fundamental human rights
further contention of the respondent
hard labour
indecent assault
inviolable fundamental human rights
involved think fit
judgment of the appellate court
judgment of the court
loss of human dignity
main ground
notice of appeal
political rights
presiding judge
psychological trauma
reasonable time
reprehensible violation of my rights
said conviction
security of person article
suo motu
trial court
various human rights charters

The instant application is brought under Article 33 of the Constitution of the Republic of Ghana, 1992 and order 67 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) for the protection or enforcement of the fundamental human rights and freedoms of individuals.

The Reliefs sought are as follows:

1. A declaration that the said conviction and sentencing was a ferocious breach of my inalienable inviolable fundamental human rights enshrined in the 1992 Constitution particularly Article 14 (1), Article 14 (2), Article 19 (2d), Article 15 (1), Article 19 (1) and Article 21 (g).

2. Also an Order directed at the State to pay to the Applicant an amount of Five Million Ghana Cedis (GH¢5,000.000.00) as compensation for my wrongful conviction and sentence.

3. Costs and legal fees.

The Applicant’s plaint is that he was charged with indecent assault contrary to section

103 of the Criminal Offences Act, 1960 (Act 29) and was arraigned before the Circuit Court presided over by her Honour, Sedina Ag…

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