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REPUBLIC V. NATIONAL PUBLIC TRIBUNAL; EX PARTE OFFICE OF THE SPECIAL PUBLIC PROSECUTOR

(1993) JELR 65738 (SC)

Supreme Court  •  28 Jun 1993  •  Ghana

Coram
ADADE JSC, FRANCOIS JSC, AMUA-SEKYI JSC, EDWARD WIREDU JSC, CHARLES HAYFRON-BENJAMIN JSC, AMPIAH JSC, KPEGAH JSC

Appearances
J C AMONOO-MONNEY SPECIAL PUBLIC PROSECUTOR (WITH HIM E B K AGBLOYOR ASSISTANT SPECIAL PROSECUTOR) FOR THE APPLICANT; I E OSEI-BONSU (WITH HIM D O LAMPTEY) FOR THE RESPONDENTS.

Judgement

ADADE JSC.: On 26 November 1991, in a criminal case entitled:

“The People

V

(1). Stephen Sarpong

(2). Kwabena Amoako

(3). Afua Nyantekyi

(4). Adja Oppong

(5). Kwame Solomon”

the first four accused persons were arraigned before the Ashanti Regional Public Tribunal charged with certain offences. They were tried, convicted on 21 February 1992 and sentenced to various terms of imprisonment. The fifth accused person was tried in absentia. He was also convicted and sentenced.

The record before us would seem to indicate that all the five convicted persons appealed to the National Public Tribunal against their conviction and sentence. On 3 December 1992 the National Public Tribunal allowed the appeals and acquitted and discharged each of the accused persons. Reasons for the decision of 3 December 1992 were read on 17 December 1992.

The new Constitution, 1992 of the Republic of Ghana came into force on 7 January 1993. Four days later; ie on 11 January 1993, the prosecutor petitioned the National Pu…

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