Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ISA
V.
THE REPUBLIC

(2001) JELR 63478 (CA)    
Court of Appeal  ·  17 Aug 2001 ·  Ghana
 · 
Other Citations
[2001-2002] 1 GLR 128
CORAM
AFREH JA

Ratio Decidendi

Core Terms Beta
determination of the appeal
high court
appellant-applicant
notice of appeal
trial judge
grounds of appeal
vital witness
said evidence
criminal code
supreme court
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second prosecution witnesses
decision of the court of appeal
support of his application
fast track high court
interlocutory criminal appeal
substantial issues of law
cr app r
true copy of the said judgment
years’ imprisonment
direct evidence
subject matter of my appeal
accused person’s ex-bodyguard
personal liberty
grant of bail
great chances of success
person’s vigilance
financial loss
eleventh prosecution witness
fundamental human rights
photocopy of notice of appeal
following grounds
months imprisonment
such order
circumstantial evidence
preliminary argument
exceptional circumstances
court
wrong sentence
reasonable doubt
additional jail term
unjustified infringement of my right
determination of my appeal
following cases
possible favourable deter-mination of my appeal
fast track

JUDGEMENT

AFREH JA.: This is an application by the appellant-applicant herein for bail pending the determination of the appeal against his conviction by the “Fast Track” High Court, Accra, on 20 July 2001 and for such order or orders as to this court may seem fit.

The applicant, a former Minister of Youth and Sports in the government of President Kufuor, was convicted on two charges of:

“(i) stealing US$46,000, contrary to section 124(1) of the Criminal Code, 1960 (Act 29); and
(ii) fraudulently causing financial loss to the State, contrary to section 179A (3)(a) of the Criminal Code, 1960 (Act 29) (as amended by Act 458).”

He was sentenced to four years’ imprisonment on each count, a fine of ¢10 million or in default twelve months imprisonment on count two, and ordered to return the US$46,000 to the State within one month or in default an additional jail term of two years.

On 25 July the applicant filed a notice of appeal against conviction. The grounds of appeal are:

“I, Mallam Ali Yusuf …
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