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THE REPUBLIC
V.
AGBEVIADE DOTSE AND DOWODOE VINCENT

(2018) JELR 67919 (HC)

High Court 17 Apr 2018 Ghana
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- The 1st accused/applicant has been charged with possession of narcotic drugs, contrary to Section 2(1) of the Narcotic Drugs (Control Enforcement and Sanctions) Law, 1990, (PNDCL 236). - The Republic did not oppose the application for bai

Case Details

Suit Number:SUIT NO. F23/66/2018
Judges:ERIC BAAH JUSTICE OF THE HIGH COURT
Counsel:GORDON C. AKPADIE FOR APPLICANT; BARBARA YORKE FOR RESPONDENT.

BAAH, J.

The 1st accused/applicant has been charged for possession of narcotic drugs, contrary to Section 2(1) of the Narcotic Drugs (Control Enforcement and Sanctions) Law, 1990, (PNDCL 236).

I take note of the position of the Republic not to oppose the application for bail. That decision is weighty and enures to the benefit of the applicant. However, that in itself cannot compel this court to grant the application and admit the applicant to bail.

The rules for the grant or refusal of an application for bail are provided for by statute and those rules reign supreme in such applications.

It is also a truism under our constitutional dispensation that an accused person is presumed innocent until proven guilty. The Supreme Court in German v. The Republic (2003-2004) 2 SCGLR 784, explained that, "the presumption of innocence in article 19(2) of the 1992 constitution was a necessary but not sufficient ground for the grant of bail'.

I am required by Section 96(5) of Act 30 to consider whether t…

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