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THE REPUBLIC
V.
EDMUND ADDO

(2024) JELR 111564 (SC)

Supreme Court 7 Feb 2024 Ghana
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- The Supreme Court affirmed that, notwithstanding the repeal of the offence-creating provision (Section 136 of Act 772), ongoing prosecutions for offences committed prior to repeal may continue by virtue of the general saving provision in

Case Details

Suit Number:CIVIL MOTION NO. J7A/02/2023
Judges:BAFFOE-BONNIE JSC (PRESIDING) PWAMANG JSC OWUSU (MS.) JSC AMADU JSC KULENDI JSC ACKAH-YENSU (MS.) JSC ASIEDU JSC
Counsel:DR. JUSTICE SREM-SAI ESQ. FOR THE APPLICANT WITH HIM RACHEL DINSEY ESQ. & REV. FATHER SAMUEL AGYEMAN; STELLA OHENE APPIAH (PRINCIPAL STATE ATTORNEY) FOR THE RESPONDENT.

RULING

AMADU JSC:

BACKGROUND

1) The Applicant was the Appellant in Criminal Appeal No.J3/04/2022, intituled THE REPUBLIC v. EDMUND ADDO. This was an appeal grounded on the principal complaint that, following the repeal of Section 136 of the Electronic Transactions Act, 2008 (Act 772) by Section 98 of the Cybersecurity Act, 2020 (Act 1038), his continuous prosecution at the High Court, on the three counts of Child Pornography contrary to Section 136(b) of the Electronic Transactions Act, 2008, Act 772 is wrongful in law.

2) For purposes of emphasis and necessary reference, I hereby reproduce the grounds of the appeal argued before the ordinary panel of this court.

a) “That the honourable Court of Appeal erred in law in holding that a person may be convicted on a criminal offence which has been repealed, which holding has occasioned a miscarriage of justice.

b) That the honourable Court of Appeal erred in law in holding that the Appellant can be convicted on the repealed Section 136(b) of the…

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