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THE REPUBLIC
V.
STEPHEN KWABENA OPUNI & 2 ORS

(2024) JELR 112317 (SC)

Supreme Court 19 Jun 2024 Ghana
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- The Supreme Court affirmed that upon judicial reassignment in criminal cases, commencing proceedings de novo is not mandatory; the decision to adopt prior proceedings or order a retrial is a discretionary matter for the trial judge, guide

Case Details

Suit Number:CRIMINAL APPEAL NO. J3/01/2024
Judges:G. SACKEY TORKORNOO (MRS.), CJ (PRESIDING) M. OWUSU (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC E. Y GAEWU JSC Y. DARKO ASARE JSC
Counsel:SAMUEL CODJOE ESQ. FOR THE 1ST ACCUSED WITH ANITA DABI ESQ. JOEL AMARTEIFIO ESQ. FOR THE 2ND ACCUSED AND 3RD ACCUSED. EVELYN KEELSON (CHIEF STATE ATTORNEY) FOR THE RESPONDENT WITH STELLA OHENE APPIAH (PRINCIPAL STATE ATTORNEY) AND ENAM LLOH-MENSAH (STATE ATTORNEY).
Location:Accra

JUDGMENT

DARKO ASARE JSC:

  1. My Lords, the fundamental question argued upon the hearing of this appeal is one of some considerable importance.  It touches closely the question whether de novo proceedings are obligatory in criminal cases upon judicial reassignment, and whether it constitutes a longstanding judicial practice that has been entrenched by precedent and can only be overturned by statute.

  2. The appeal before us stems from a judgment of the Court of Appeal wherein the learned Justices of Appeal reversed the trial court’s decision to commence the instant case de novo, following reassignment to the current trial Judge after the previous trial Judge’s retirement.

  3. The facts germane to this appeal have been adequately set out in the judgment of the Court of Appeal, and we would only highlight the salient points necessary for the determination of the issues raised in this appeal.

  4. At the criminal trial pending in the High Court, Accra, the Appellant a former Chief Executive Officer of Cocobod…

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