JUDGEMENT
ANIN-YEBOAH JSC
My Lords,
On the 19th of February, we granted an application for certiorari and made far-reaching consequential orders but deferred our reasons. We now proceed to offer our reasons for granting the application.
To appreciate the grounds leading to the grant of certiorari against the High Court, Accra [Human Rights Division], it is crucial to briefly state the facts of the case culminating in this application.
The applicant herein, NAA OTUA SWAYNE, was at the time material to this case a complainant in a criminal case pending before His Honour Judge Francis Obiri sitting at the Circuit Court, Accra. The case was intituled as: CASE No D6/278/12: THE REPUBLIC v. PRINCE KOFI AMOABENG AND JOHN AIDOO; and for a fuller record the charge sheet states thus:
IN THE CIRCUIT COURT
ACCRA
STATEMENT OF OFFENCE
FRAUD AS TO THING PLEDGED OR TAKEN IN EXECUTION contrary to section 143 of Act 29/60.
PARTICULARS OF OFFENCE
PRINCE KOFI AMOABENG: BANKER; For that you between 2005 and 2007, in…