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GALLEY V. THE REPUBLIC

(1995) JELR 65246 (CA)

Court of Appeal  •  1 Feb 1995  •  Ghana

Coram
AMUAH JA, ACQUAH JA, BADDOO JA

Judgement

ACQUAH JA.: The issue involved in this application is the determination of the court or tribunal to entertain appeals by aggrieved parties in cases tried between 7 January 1993 and 6 July 1993, under section 7(1) of the transitional provisions of the Constitution, 1992. This of course, implies that such aggrieved parties have a right of appeal. But do they?

The applicant, Yaw Galley, was tried on two counts of fraud by the Tema sub-regional public tribunal. He was convicted on 14 June 1993, and sentenced to five years’ imprisonment with hard labour. On 27 September 1994 he filed the instant application for extension of time to lodge his appeal at the Court of Appeal.

Undoubtedly, the Constitution, 1992 did not retain the public tribunals as established under the Public Tribunals Law, 1984 (PNDCL 78). And the transitional provisions in the Constitution, 1992 gave these public tribunals six months from the coming into force of the Constitution, 1992 to wind up. And section 7(1) of the tra…

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