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DOUGLAS AFRIYIE & 10 ORS. V. THE REPUBLIC

(2022) JELR 110061 (SC)

Supreme Court  •  J3/04/2021  •  9 Nov 2022  •  Ghana

Coram
DOTSE JSC (PRESIDING) AMEGATCHER JSC PROF. KOTEY JSC TORKORNOO (MRS.) JSC KULENDI JSC

Judgement

DOTSE JSC:-

On the 9th of November 2022, this court by a unanimous decision dismissed this appeal by the appellant against the decision of the Court of Appeal which was rendered on the 29th of June 2012. But we reserved our reasons for the said decision which we now proceed to give.

Thomas Hutchinson, a US. Statesman of International repute, in his writings titled “Charge to the Grand jury” in Quincy’s Reports, 232, 234 published in 1767 stated as follows:-

“There is one general observation I would make; that the End of Government is the Happiness of every individual, so far as is consistent with the Good of the Whole. To attain this End is impossible without laws, and their due execution. Tis necessary that Laws should be established, else Judges and Juries must go according to their Reason, that is their will; and this is in the strictest sense arbitrary. On this Reason, I take to be grounded that well known maxim, that the Judge should never be the Legislator: Because, then, the will …

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