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THE REPUBLIC V. AGBEVIADE DOTSE AND DOWODOE VINCENT

(2018) JELR 67919 (HC)

High Court  •  SUIT NO. F23/66/2018  •  17 Apr 2018  •  Ghana

Coram
ERIC BAAH JUSTICE OF THE HIGH COURT

Judgement

BAAH, J.

The 1st accused/applicant has been charged for possession of narcotic drugs, contrary to Section 2(1) of the Narcotic Drugs (Control Enforcement and Sanctions) Law, 1990, (PNDCL 236).

I take note of the position of the Republic not to oppose the application for bail. That decision is weighty and enures to the benefit of the applicant. However, that in itself cannot compel this court to grant the application and admit the applicant to bail.

The rules for the grant or refusal of an application for bail are provided for by statute and those rules reign supreme in such applications.

It is also a truism under our constitutional dispensation that an accused person is presumed innocent until proven guilty. The Supreme Court in German v. The Republic (2003-2004) 2 SCGLR 784, explained that, "the presumption of innocence in article 19(2) of the 1992 constitution was a necessary but not sufficient ground for the grant of bail'.

I am required by Section 96(5) of Act 30 to consider whether t…

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