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ABAM V. THE REPUBLIC

(1967) JELR 63546 (CA)

Court of Appeal  •  11 Dec 1967  •  Ghana

Coram
OLLENNU J.A.,AZU CRABBE J.A,APALOO J.A.

Judgement

AZU CRABBE J.A.: On 20 October 1967, we quashed the conviction of the appellant for manslaughter and set aside the sentence of seven years imposed upon him, and we accordingly acquitted and discharged him. We now proceed to give our reasons therefor.

The appellant was not represented by counsel, and this matter came before this court by way of an application for leave to appeal against sentence. We readily granted this application, and also granted the appellant leave to appeal against his conviction, though there was no appeal against conviction in the first place. Lest it should be said that we had no jurisdiction to interfere with a conviction, unless there was an appeal therefrom, we wish to state that this court has an inherent jurisdiction to do justice, and where a subject of the State has been deprived of his liberty in disregard of the safeguards provided by the law, we think that it is the duty of this court to intervene. The court has been created to do justice, but not to p…

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