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

(2021) JELR 109037 (SC)

Supreme Court 28 Jul 2021 Ghana
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- The Supreme Court (majority) granted certiorari to quash the High Court's exclusion of defence exhibits as hearsay, holding the exhibits were admissible under sections 117, 118, and 126 of the Evidence Act, 1975 (NRCD 323), especially giv

Case Details

Suit Number:J5/58/2021
Judges:DOTSE JSC (PRESIDING) (DISSENTING), PWAMANG, JSC, DORDZIE (MRS.) JSC, LOVELACE JOHNSON (MS.) JSC (DISSENTING), AMADU JSC
Counsel:SAMUEL CODJOE FOR THE APPLICANT WITH HIM ERIC ATIEKU. ALFRED TUAH-YEBOAH, (DEPUTY ATTORNEY-GENERAL), FOR INTERESTED PARTY WITH HIM MRS. YVONNE ATAKORA OBUOBISA (DIRECTOR PUBLIC PROSECUTOR)

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…

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