OWUSU AND ANOTHER vs. THE REPUBLIC

JUDGMENT OF ANDOH J. The two accused are farmers at Yakese and have been charged with the offence of abetment of murder contrary to sections 20(1) and 46 of the Criminal Code, 1960 (Act 29). They were arrested on or about 23 May 1976 and they are still on remand pending their trial at the High Court, Sekondi. They now apply for bail and the question which arises is whether regardless of the provisions of section 96 (7) (a) of the Criminal Procedure Code, 1960 (Act 30), as amended by section 2 of the Criminal Procedure Code (Amendment) Decree, 1975 (N.R.C.D. 309) this court has the power to grant them bail. Section 96 (7) (a) provides: “(7) A court shall refuse to grant bail - (a) in a case of treason, subversion, murder, robbery, hijacking, piracy or escape from lawful custody.” At first glance of the above provision, one may be tempted to say that the court is ousted of jurisdiction in granting bail in the offences listed above but then it is significant to not...