KWAKYE & OTHERS vs. NANA ABABIO II

JUDGMENT OF SARPONG J. Counsel for the applicant says the respondent was granted bail by this court to appear on a certain date. Two persons, Paul Sika Bentuo and Cosmos Asubonteng stood as the respondent’s sureties. On the adjourned date the respondent failed to attend court and so the applicant is in court to have the bail bond estreated. The sureties through their counsel do say that on the said adjourned date a medical report was tendered in court to show that the respondent was indisposed and so was unable to attend court. Nonetheless, the court issued a bench warrant for his arrest without giving them the opportunity to produce him. Today the applicant has come to court to estreat the bond. The procedure adopted to estreat the bond, he submits, is regular. In my view, the procedure the courts normally adopt is to have the sureties arraigned before the court and be asked why the bond should not be estreated in the absence of the respondent. They may then plead with the co.....