SARIMBE ALIAS OLALA vs. THE REPUBLIC

JUDGMENT OF FRANCOIS J.A. Francois J.A. he delivered the judgment of the court. On 28 February 1984 we dismissed this appeal and fixed 11 April 1984 for the delivery of our reasons. We accordingly do so now. Before setting out our reasons, however, we must dispose of a preliminary objection raised by the respondent, the Republic, on the competency of the appeal. It has been a constant theme of the Republic to deny any viability to interlocutory appeals of this nature. The Republic appears not to accept that article 122 (2) of the Constitution, 1979, saved by the Provisional National Defence Council (Establishment) Proclamation, 1981 has reserved an unfettered right of appeal in a dissatisfied party. We do not wish to go over old ground, but we expressed this view in Nkansah v. The Republic, Court of Appeal, 17 February 1981, unreported and Republic v. The Accra Circuit Court; Ex parte Appiah [1982-83] G.L.R. 129, C.A. These decisions have had more illustrious precursors. ...