This is an appeal from the decision of the Court of Appeal, affirming the decision of the High Court. The appeal was heard and adjourned to 31 March 2000 for judgment. The court realised later that a legal point which had been raised when an application for stay of execution was brought and which legal issue had more or less influenced the granting of an order of stay of execution, had not been repeated in the subsequent submissions made during the hearing of the substantive appeal by either party. Since we considered that issue to be fundamental to the resolution of the appeal, we gave the parties reasonable opportunity to be heard under rule 6(8) of the Supreme Court Rules, 1996 (CI 16). Counsel for the parties have accordingly submitted their argument for consideration in the appeal.
Her Lordship, Miss Justice Aryee, from the official records of the Judicial Service, retired from the service on 12 September 1992. Article 145(2) of the Constitution, 1992 provides:
“(2) A J…