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BANDA V. THE REPUBLIC

(1993) JELR 64988 (CA)

Court of Appeal  •  18 Nov 1993  •  Ghana

Coram
ESSIEM JA, LUTTERODT JA, BROBBY JA

Judgement

JUDGEMENT BROBBEY JA.

The applicant was convicted by the Ashanti Regional Public Tribunal for unlawful entry and stealing. He was sentenced to life imprisonment. He has appealed to this court for leave to appeal out of time.

Before the application could be heard, Mr. Gyambibi who appeared for the Republic, raised a preliminary objection. His objection was that this court has no jurisdiction to hear the case. Arguing his objection, counsel submitted that the appellant was tried, convicted and sentenced by the Ashanti Regional Public Tribunal on 12 February 1993. That tribunal was abolished on 7 July 1993 by section 7 of the transitional provisions of the Constitution, 1992. By section 7(4) of those transitional provisions, only cases pending before the abolished regional public tribunal and National Public Tribunal can be directed by the Chief Justice to be tried in the Court of Appeal or any other court. Since the appellant was convicted and sentenced but no appeal was filed before the …

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