ASIEDU V. THE REPUBLIC

AMISSAH J.A.

On this application for bail pending appeal, learned counsel for the Republic has raised a preliminary objection. In effect he says that this court, though the proper court to determine the substantive appeal of the applicant, has, nevertheless, no jurisdiction to grant him bail pending his appeal. In support of this novel submission counsel has pointed out that the only relevant provision in our law covering bail pending appeal is to be found in paragraph 20 (2) of the Courts Decree, 1966 (N.L.C.D. 84), which provides as follows:

“The Court of Appeal, or the Judge before whom he was convicted, may, if it seems fit, on the application of an appellant, admit the appellant to bail pending the determination of his appeal.”

Of course this provision makes no express mention of the High Court. And if it were the only provision dealing with the grant of bail pending appeal, the contention of counsel would appear to be unassailable, as I am neither the Court of Appeal nor the judge …