Customer Support

OKOE
V.
THE REPUBLIC

(1975) JELR 69275 (HC)

High Court 1 Dec 1975 Ghana
BriefBot icon

BriefBot Summary

Free

- The High Court reaffirmed that bail before trial is primarily to ensure the accused’s appearance at trial and should not be used punitively; refusal of bail requires satisfaction of statutory grounds under s.96(5) of Act 30 as amended (e.

Case Details

Judges:TAYLOR J.
Counsel:BANNERMAN-WILLIAMS FOR THE APPLICANT; MISS OKINE ASSISTANT STATE ATTORNEY FOR THE RESPONDENT.
Other Citations:[1976] 1 GLR 80


TAYLOR J.

On 25 November 1975, I granted this application for bail, but in view of the apparently impressive arguments advanced by counsel very vehemently against the grant, I decided to reserve the full reasons for my decision today. I did so also because it seems to me that the principles governing the court’s discretionary power to grant bail before trial have hitherto received little or no attention by our courts, and if I had attempted to give any reason it would have been most perfunctory. I think the matter deserves a considered ruling for the guidance of the courts in the lower hierarchy of our judiciary; for it seems to me that the bail power is now being used by inferior tribunals in a way contrary to the whole philosophy on which bail is founded.

I have since granting the application examined many of our court records and in case after case the decision to grant bail has merely followed a formula typical of which is this random example from the decision of Sarkodee J. in the

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.