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OJO AND ANOTHER V. THE REPUBLIC

(1999) JELR 69515 (CA)

Court of Appeal  •  18 Feb 1999  •  Ghana

Coram
WOOD JA, BROBBEY JA, BENIN JA

Judgement

BENIN JA: Benin JA delivered the first judgment at the invitation of Wood JA. The appellants were among four persons who were arraigned before the erstwhile National Public Tribunal in connection with narcotic drug offences. They were found guilty, convicted and sentenced to the mandatory minimum sentence of ten year’s imprisonment. That was on 6 July 1993. On 8 December 1997 this court, differently constituted, granted the appellant’s application for extension of time within which to appeal. Pursuant to the said order the appellants filed their notice of appeal raising just one legal ground which reads: “That the tribunal erred in law in failing to take into account article 14 (6) of the Constitution, 1992 of the Republic of Ghana”.

Article 14 (6) of the Constitution, 1992 provides:

“(6) Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he has spent in lawful custody in respect of that offence before the completion of his trial shall be take…

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