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THE REPUBLIC V. THE HIGH COURT, (GENERAL JURISDICTION 10) EX PARTE: KWABENA ADU BOAHENE & ANGELA ADJEI BOATENG INTERESTED PARTY: ATTORNEY-GENERAL

(2026) JELR 114864 (SC)

Supreme Court  •  J7/4/2026  •  28 Jan 2026  •  Ghana

Coram
LOVELACE–JOHNSON (MS) JSC (PRESIDING) AMADU JSC KULENDI JSC ADJEI-FRIMPONG JSC DZAMEFE JSC ADJEI JSC ACKAAH-BOAFO JSC

Appearances
DR. JUSTICE SREM SAI (DEPUTY ATTORNEY-GENERAL) FOR THE INTERESTED PARTY/APPLICANT WITH HIM ESI DENTAA YANKAH (PRINCIPAL STATE ATTORNEY) AND RAKIYATU ABDULAI (ASSISTANT STAFF OFFICER, EOCO). SAMUEL ATTA AKYEA ESQ. FOR THE APPLICANTS/RESPONDENTS WITH HIM PETER OSEI ASAMOAH ESQ., NANA NTI OFORI-DEBRAH ESQ. AND CHARLES BOAKYE ESQ.

Judgement

RULING

ADJEI, JSC:

The Applicant herein, the Attorney-General, was an Interested Party in the Application for Judicial Review in the nature of Prohibition filed by the Petitioners, who are the Respondents in the present application for review. The application for prohibition was dismissed by this Court, and the offending provisions of the Practice Directions on Disclosures and Case Management in Criminal Proceedings, which were relied upon by the trial High Court, were struck down.

The Attorney-General alleges that the decision of the ordinary bench of the Court has rendered it impracticable to conduct criminal cases because it has opened the Pandora's Box of disclosures in every criminal trial.

The grounds for this review application by the Attorney-General are anchored on four main reasons, namely: the fact that the ordinary bench has departed from the previous unanimous decision of the Supreme Court in the case of The Republic v Eugene Baffoe-Bonnie & 4 Others [2017- 2020] 1 SCGLR 3…

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