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THE REPUBLIC
V.
EUGENE BAFFOE-BONNIE AND 4 OTHERS

(2018) JELR 66124 (HC)

High Court 1 Feb 2018 Ghana
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- The High Court held that rival interpretations existed as to whether Article 19(2)(e) and (g) of the 1992 Constitution require the prosecution in a summary criminal trial to provide comprehensive pre-trial disclosure of all documents and

Case Details

Suit Number:CASE NO. CR 904/2017
Judges:KYEI BAFFOUR (J) (JUSTICE OF THE HIGH COURT)
Counsel:PROSECUTION REPRESENTED BY MS. GLORIA AFUA AKUFFO (ATTORNEY-GENERAL) WITH YVONNE ATAKORA OBUOBISA (DPP) EVELYN KEELSON (CSA), FRANCES MULLEN ANSAH (PSA) SEFAKOR BATSE (SSA) AND PENINNAH ASAH DANQUAH (SSA); COUNSEL FOR 1ST ACCUSED – ABU JUAN JAGIARA FOR THADDEUS SORY PRESENT. ,COUNSEL FOR 2ND ACCUSED – AGBESI KWADZO DZAKPASU PRESENT. ,COUNSEL FOR 3RD ACCUSED – JOHNSON NORMESINU FOR SAMUEL CODJOE PRESENT. ,COUNSEL FOR 4TH ACCUSED – KODWOE YANKSON PRESENT WITH GODWIN ,TAMAKLOE AND BEING LED BY BAFFOUR ASSASIE GYIMAH. ,COUNSEL FOR 5TH ACCUSED – REINDORF TWUMASI ANKRAH PRESENT WITH SANJA ANITA MORRISON FOR OSAFO BUABENG.
Other Citations:(2018) JELR 65030 (HC)

BAFFOUR, J.

“For one of the basic principles of any civilized system of justice is that a person is entitled to a fair trial free from prejudice. No system of justice can be effective unless a fair trial to both sides is ensured.... This common law right to a fair trial is now elevated to a fundamental right in the 1992 Constitution of Ghana: see article 19(2) (e) ...”

Per Acquah JSC ( as he then was) in the case of IN RE EFFIDUASE STOOL AFFAIRS (NO 2) REPUBLIC v. ODURO NIMAPUA, PRESIDENT OF THE NATIONAL HOUSE OF CHIEFS; EX PARTE AMEYAW II [1998-99] SCGLR 639 @670.

What has been noted to be the basic elements of a fair trial has been stated by Curtis Doebbler, an International Human Rights lawyer in his book, Introduction to International Human Rights Law at page 106 as the right to be heard by a competent, independent and impartial tribunal, the right to a public hearing, the right to be heard within a reasonable time, the right to counsel and the right to interpretation. Does fair tri…

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