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REPUBLIC
V.
HIGH COURT (CRIMINAL DIVISION 1) EX PARTE: STEPHEN KWABENA OPUNI

(2021) JELR 109693 (SC)

Supreme Court 26 Oct 2021 Ghana
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- The Supreme Court, upon review, set aside its earlier decision quashing the High Court's exclusion of defence exhibits and prohibiting the trial judge, holding that the Supreme Court’s supervisory jurisdiction under Article 132 is limited

Case Details

Suit Number:J7/20/2021
Judges:DOTSE, JSC (PRESIDING) PWAMANG, JSC DORDZIE (MRS.), JSC PROF. KOTEY, JSC LOVELACE-JOHNSON (MS.), JSC TORKORNOO (MRS.), JSC AMADU, JSC
Counsel:GODFRED YEBOAH DAME (ATTORNEY-GENERAL) FOR INTERESTED PARTY/APPLICANT WITH HIM ALFRED TUAH-YEBOAH (1 ST DEPUTY ATTORNEY-GENERAL), DIANA ASONA DAPAAH (2ND DEPUTY ATTORNEYGENERAL), MRS. YVONNE ATAKORA OBUOBISA (DIRECTOR PUBLIC PROSECUTOR) AND MRS. EVELYN KEELSON (CHIEF STATE ATTORNEY). SAMUEL CODJOE FOR THE APPLICANT/RESPONDENT WITH HIM JOHNSON NORMESINU AND TONNY NYARKO ACHEAMPONG

TORKORNOO (MRS.) JSC:- 

BACKGROUND TO THE CURRENT APPLICATION FOR REVIEW OF THE  SUPREME COURT’S DECISION OF 28TH JULY 2021

The parties to this application first came before the Supreme Court when the Accused  persons in Suit No CC No. CR/158/2018 in the High Court and the Applicants/Respondents in this court,(hereinafter referred to as Respondents) invoked  the supervisory jurisdiction of the Supreme Court pursuant to Article 132 of the 1992  Constitution and Rule 61 of the Supreme Court Procedure Rules 1996 CI 16.  

The Respondents sought an order of certiorari and prohibition against the high  court(Criminal Division) coram Honyenuga JSC (sitting as an additional high court  judge) on four grounds. That application will hereafter be referred to as ‘the first  application’. 

It was the case of the Respondents in the first application that in dismissing a  submission that the prosecution had failed to make out a case for the accused persons  to answer before the high court, the court …

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