THE REPUBLIC V. EUGENE BAFFOE-BONNIE AND 4 OTHERS
(2018) JELR 66124 (HC)
High Court
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CASE NO. CR 904/2017
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1 Feb 2018
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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 β ABU JUAN JAGIARA FOR THADDEUS SORY PRESENT. ,COUNSEL FOR 2ND ACCUSED β AGBESI KWADZO DZAKPASU PRESENT. ,COUNSEL FOR 3RD ACCUSED β JOHNSON NORMESINU FOR SAMUEL CODJOE PRESENT. ,COUNSEL FOR 4TH ACCUSED β KODWOE YANKSON PRESENT WITH GODWIN ,TAMAKLOE AND BEING LED BY BAFFOUR ASSASIE GYIMAH. ,COUNSEL FOR 5TH ACCUSED β REINDORF TWUMASI ANKRAH PRESENT WITH SANJA ANITA MORRISON FOR OSAFO BUABENG.
Judgement
<p><em> </em></p><p><strong>BAFFOUR, J.</strong></p><blockquote>βFor 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) ...β</blockquote><p>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.</p><p>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, <em>Introduction to International Human Rights Law </em>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 triβ¦</p>