REPUBLIC V. TSIKATA

JUDGEMENT

HENRIETTA ABBAN JA.

The accused person, has through his counsel, made an oral application in this court praying the court to stay proceedings in this case pending the hearing and determination of a law suit and an interim injunction which he has filed at another High Court with concurrent jurisdiction against the Chief Justice and the Attorney-General.

The general principles of the criminal law as stated by Lord Goddard CJ in R v. Chairman, County of London Quarter Sessions; Ex parte Downes [1954] 1 QBJ at 6, DC are that:

“Once an indictment is before the court, the accused must be arraigned and tried thereon unless

(a) on motion to quash ...it, is held defective in substance of form ...;

(b) matter in bar is pleaded and the plea is tried or confirmed in favour of the accused;

(c) a nolle prosequi is entered by the Attorney-General, which cannot be done before the indictments found; or

(d) if the indictment disclosed an offence which a particular court has no jurisdiction to try…