DOGBE AND OTHERS vs. THE REPUBLIC

Seventeen accused persons, led by Benjamin Atter Dogbe, were before the High Court on charges of murder and abetment of murder arising from the killing of one Seidu Mama at Ada. The first accused was charged with murder under section 46 of the Criminal Code, 1960 (Act 29), while the remaining sixteen were charged with aiding and abetting murder under section 20(1) of Act 29. They had been arrested on 31 January 1974, initially appeared before the District Court Grade I, Tema, and were later committed in June 1975 for trial at the High Court. After earlier refusals of bail, they renewed their application for bail pending trial, relying on alleged delay in trial, the advanced age and poor health of four accused persons, and a letter from the Attorney-General suggesting that those four should be granted bail. Portion of judgment: “This is an application for bail pending trial and because the charges the applicants face are murder and abetment of murder…”; “The first accused person Benjamin Atter Dogbe is charged with murder… and the sixteen others… are charged with abetment of murder…”; “That the accused persons were arrested on 31 January 1974… committed for trial to the High Court in June 1975.”

JUDGMENT OF TAYLOR J. I find the decision I am about to deliver distressing in view of the remarks which I am obliged to make in the course of delivering it, remarks which I would have preferred not to make but which in the view I take of my judicial functions I have to make to ensure that the rule of law is respected by members of the bar committed to uphold it. On 22 December 1975 I dismissed an application for bail made to this court on behalf of the seventeen applicants herein. Before me now the applicants have renewed the said application by the same counsel who filed the previous application. This is an application for bail pending trial and because the charges the applicants face are murder and abetment of murder the application deserves very serious consideration indeed. In order to appreciate the legal principles which in my view must be brought to play in considering the application I think it is necessary to advert to the grounds on which the applicants are proceeding....