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THE REPUBLIC V. EUGENE BAFFOE-BONNIE AND 4 OTHERS

(2018) JELR 66124 (HC)

High Court  •  CASE NO. CR 904/2017  •  1 Feb 2018  •  Ghana

Coram
KYEI BAFFOUR (J) (JUSTICE OF THE HIGH COURT)

Appearances
PROSECUTION REPRESENTED BY MS. GLORIA AFUA AKUFFO (ATTORNEY-GENERAL) WITH YVONNE ATAKORA OBUOBISA (DPP) EVELYN KEELSON (CSA), FRANCES MULLEN ANSAH (PSA) SEFAKOR BATSE (SSA) AND PENINNAH ASAH DANQUAH (SSA); COUNSEL FOR 1ST ACCUSED – ABU JUAN JAGIARA FOR THADDEUS SORY PRESENT. ,COUNSEL FOR 2ND ACCUSED – AGBESI KWADZO DZAKPASU PRESENT. ,COUNSEL FOR 3RD ACCUSED – JOHNSON NORMESINU FOR SAMUEL CODJOE PRESENT. ,COUNSEL FOR 4TH ACCUSED – KODWOE YANKSON PRESENT WITH GODWIN ,TAMAKLOE AND BEING LED BY BAFFOUR ASSASIE GYIMAH. ,COUNSEL FOR 5TH ACCUSED – REINDORF TWUMASI ANKRAH PRESENT WITH SANJA ANITA MORRISON FOR OSAFO BUABENG.

Judgement

BAFFOUR, J.

β€œFor one of the basic principles of any civilized system of justice is that a person is entitled to a fair trial free from prejudice. No system of justice can be effective unless a fair trial to both sides is ensured.... This common law right to a fair trial is now elevated to a fundamental right in the 1992 Constitution of Ghana: see article 19(2) (e) ...”

Per Acquah JSC ( as he then was) in the case of IN RE EFFIDUASE STOOL AFFAIRS (NO 2) REPUBLIC v. ODURO NIMAPUA, PRESIDENT OF THE NATIONAL HOUSE OF CHIEFS; EX PARTE AMEYAW II [1998-99] SCGLR 639 @670.

What has been noted to be the basic elements of a fair trial has been stated by Curtis Doebbler, an International Human Rights lawyer in his book, Introduction to International Human Rights Law at page 106 as the right to be heard by a competent, independent and impartial tribunal, the right to a public hearing, the right to be heard within a reasonable time, the right to counsel and the right to interpretation. Does fair tri…

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