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THE REPUBLIC
V.
ABIOLA AYORINDE KAYODE & 3 ORS

(2024) JELR 112310 (SC)

Supreme Court 17 Jul 2024 Ghana
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- The District Court in Accra referred a question to the Supreme Court regarding the applicability of the Extradition Treaty between the United States and the United Kingdom to Ghana. - The reference arose from a request for extradition of

Case Details

Suit Number:REFERENCE NO.J6/01/2024
Judges:PWAMANG, JSC (PRESIDING) OWUSU, (MS.) JSC PROF. MENSA- BONSU (MRS.), JSC KULENDI, JSC ACKAH-YENSU (MS.), JSC KWOFIE, JSC DARKO ASARE, JSC
Counsel:NICHOLAS LENIN ANANE AGYEI ESQ. FOR THE 1ST FUGITIVE/APPLICANT WITH HIM, NII AMARTEY AMARTEIFIO. RICHARD GYAMBIBY (PRINCIPAL STATE ATTORNEY) FOR THE REPUBLIC/RESPONDENT WITH HIM, YVONNE YAACHE-ADOMAKO (ASSISTANT STATE ATTORNEY), ACKAH NYAMEKE (ASSISTANT STATE ATTORNEY) LED BY YVONNE ATAKORA OBUOBISA (MRS.) (DIRECTOR OF PUBLIC PROSECUTION).

JUDGMENT

KWOFIE JSC:

This reference to the Supreme Court was sent by the District Court, Kaneshie, Accra who stated the question for determination as follows:

“whether or not the Extradition Treaty between the United States of America and the United Kingdom which was signed on 22nd December 1931 and came into force on 24th June 1935 forms part of the laws of Ghana within the meaning of Article 11(1) (d) of the 1992 Constitution and Section 3(2) of the Extradition Act 1960 (Act 22) in the light of the fact that Article 16 of the said Treaty makes the Treaty applicable to the Northern Territories of the Gold Coast”.  

BACKGROUND

The reference emanated from a request for extradition of the fugitive presented to Ghana by the United States (USA) government based on the Extradition Treaty between the United States of America and Great Britain which was signed on 22nd December 1931 pursuant to the indictment of the fugitive in the United States on 21st August 2019 for offences of fraud committed …

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