MUSTAPHA IDDRISU V. THE REPUBLIC

JUDGMENT

KWOFIE, JSC:

My Lords, the issue for determination in this appeal is a very simple one: whether a convict/appellant who has finished serving the sentence imposed on him and has been released from prison custody, could have his sentence enhanced by the appellate court.

The appellant launched the instant appeal against the judgment of the Court of Appeal, Accra dated the 2nd June 2022. The Court of Appeal dismissed the appellant’s appeal against his conviction and sentenced by the High Court, Accra. The court also enhanced the 5-year sentence imposed on the appellant by the High Court to 10 years I.H.L. It is against this enhancement of the sentence which had at the time been fully served by the appellant and who had been discharged from prison which is the subject of this appeal. The appellant appealed against the sentence by a Notice of Appeal dated 27th June 2022.

The facts giving rise to this appeal are not much in dispute. The complainant Obuoba Addy and the victim Ayitey Okai…