DAVID AGBANYO V. THE REPUBLIC

JUDGMENT

Ackaah-Boafo, JA:

i. Overview:

[1] My Lords, upon reviewing the Record of Appeal (ROA), I wish to state unequivocally that no one directly involved in this case can take pride in or be satisfied with the process that led to the conviction and sentencing of the accused/appellant. It cannot be gainsaid that the single most crucial feature of any criminal prosecution is the guarantee of a fair trial. The integrity of the justice system is anchored in the impartiality of the judiciary, ensuring that justice is served to all persons. Every individual charged and brought before the courts of this country must be given the opportunity to present their defence and respond to the charges against them. This is because the right to a fair trial is a fundamental human right enshrined in Article 19 of the 1992 Constitution of Ghana. In this case, the Appellant contends that his fundamental right to a fair trial was breached. The following reasons explain why I would allow this appeal in part…