TORKORNOO (MRS.) JSC:-
BACKGROUND TO THE CURRENT APPLICATION FOR REVIEW OF THE SUPREME COURT’S DECISION OF 28TH JULY 2021
The parties to this application first came before the Supreme Court when the Accused persons in Suit No CC No. CR/158/2018 in the High Court and the Applicants/Respondents in this court,(hereinafter referred to as Respondents) invoked the supervisory jurisdiction of the Supreme Court pursuant to Article 132 of the 1992 Constitution and Rule 61 of the Supreme Court Procedure Rules 1996 CI 16.
The Respondents sought an order of certiorari and prohibition against the high court(Criminal Division) coram Honyenuga JSC (sitting as an additional high court judge) on four grounds. That application will hereafter be referred to as ‘the first application’.
It was the case of the Respondents in the first application that in dismissing a submission that the prosecution had failed to make out a case for the accused persons to answer before the high court, the court …