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DANIEL YAW, EDWARD NARTEY & EMMANUEL TETTEH V. THE REPUBLIC

(2021) JELR 112244 (CA)

Court of Appeal  •  H2/14/2021  •  20 May 2021  •  Ghana

Coram
BARBARA ACKAH-YENSU J.A. (PRESIDING) ERIC K. BAFFOUR J.A. GEORGE KOOMSON J.A

Appearances
The Appellants present; Theophilus Cudjoe for Appellants present; Esi Yankah, Senior State Attorney for Republic present.

Judgement

JUDGMENT

Baffour J.A:

INTRODUCTION

This appeal to this court against the refusal of bail pending a substantive appeal before the High Court by the convicted prisoners/Appellants challenges us to review the limited grounds available for the grant of bail pending appeal. And it is out of the review of the grounds upon which a convicted prisoner may be admitted to bail that would provide a clearer picture as to whether the exercise of the discretion of the High Court in refusing bail was capricious and would result in manifest injustice to the prisoners. The convicted prisoners/Appellants would simply be referred to as Appellants in this appeal.

FACTS

On the 13th of November, 2020, the Appellants were convicted and sentenced to various prison terms by the District Court, Dodowa after trial. They had been arraigned before the District Court, Dodowa on the 27th of April, 2018 on three counts. The first Appellant alone faced a charge of threat of harm contrary to section 74, the three Appellants…

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