AGBEKO vs. THE REPUBLIC

JUDGMENT OF ANDOH J. This appeal raises certain legal points of great general importance namely: (1) Whether a High Court judge has the power to dismiss a criminal appeal in chambers by reference only to the petition of appeal. (2) Whether the High Court differently constituted may hear the appeal when the registrar lists the case at a time when the record of proceedings has been transmitted to the High Court registry. (3) Whether the dismissal of a criminal appeal is an administrative or judicial function warranting the absence or presence of the appellant. (4) The effect of such a dismissal when the appeal is not ripe for hearing in the sense that the record of proceedings called for by the registrar of the appellate court from the lower court had not been received by the Registrar of the High Court. The facts in this case are as follows: The appellant was charged on two counts jointly with another person with conspiracy to steal and stealing. The appellant ple...