Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
HIGH COURT (CRIMINAL DIVISION 1), ACCRA, EX PARTE: STEPHEN KWABENA OPUNI, ATTORNEY-GENERAL (INTERESTED PARTY)

(2021) JELR 109037 (SC)    
Supreme Court  ·  J5/58/2021 ·  28 Jul 2021 ·  Ghana
CORAM
DOTSE JSC (PRESIDING) (DISSENTING), PWAMANG, JSC, DORDZIE (MRS.) JSC, LOVELACE JOHNSON (MS.) JSC (DISSENTING), AMADU JSC

Ratio Decidendi

Core Terms Beta
section
court
evidence
trial judge
interested party
hearsay
accused person
high court
hearsay rule
accused persons
real likelihood of bias
supervisory jurisdiction
police witness statements
witness statements
order of prohibition
superior court
inadmissible evidence
interested parties
additional high court judge
breaches of the procurement law
chief executive officer of cocobod
clear thinking of this court
close of the case of the prosecution
cocbod’s records
criminal trial
end of the judicial oath
excluded exhibits
following circumstances
grievous error of law
laboratory tests
lawyer of the accused person
order of certiorari
part of the case
patent errors of law
record evidence
record of the court
said hearsay evidence
state of ghana
supply of lithovit foliar fertilizer
tender statements
use of lithovit foliar fertilizer
view of the decision

RULING

MAJORITY OPINION

PWAMANG JSC

My Lords, the applicant before us prays the court to exercise our supervisory jurisdiction  and quash by an order of Certiorari, “part of the ruling of the said High Court (Criminal  Division 1), Accra dated 7th day of May, 2021 which rejected exhibits 58, 59, 60…74 and  75 from the evidence and for an order of Prohibition to prohibit His Lordship Justice  Clemence Jackson Honyenuga (JSC) sitting as an additional High Court Judge from  continuing with Case No. CR/158/2018- Republic v. Stephen Kwabena Opuni, Seidu  Agong, Agricult Ghana Limited.” As grounds for the application, the applicant pleads  grievous error of law, breach of the right to be heard and real likelihood of bias. 

The brief background to the application is this. At the criminal trial pending in the High  Court, Accra, the applicant who used to be the Chief Executive Officer of Cocobod has  been charged together with two others on various counts including abetment of  defrauding by fal…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login