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THE REPUBLIC V. ERNEST THOMPSON & 4 ORS

(2021) JELR 107960 (SC)

Supreme Court  •  J3/05/2020  •  17 Mar 2021  •  Ghana

Coram
APPAU, JSC (PRESIDING) DORDZIE (MRS.), JSC LOVELACE-JOHNSON (MS.), JSC TORKORNOO (MRS.), JSC AMADU, JSC

Judgement

JUDGMENT

 AMADU JSC

(1) The key question for determination in this appeal is, whether the offences for which the Respondent was arraigned before the High Court, satisfy the constitutional requirements of article 19(2)(d) of the 1992 Constitution and the relevant law relating to preferring charges against accused persons. In the exercise of this Court’s appellate jurisdiction which has been invoked in the instant proceedings by the Prosecution, the Court has to determine which of the two lower courts had properly applied the constitutional provisions just referred to, as well as the relevant law, to the facts on record.

(2) The appeal record discloses that, whereas the Learned Trial Judge found and held contrary to the contention of the Respondent that the offences for which he was arraigned before the High Court, as set out in the charge sheet, satisfied the necessary details and/or particulars required by the constitutional provisions of article 19(2)(d) of the Constitution and the rele…

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