[1988]DLHC656 • January 18, 1988 • High Court
REPUBLIC vs. ABROKWA
The case concerns the discharge of the accused, Felicia Abrokwah, by the Circuit Court, Koforidua, upon the entry of a nolle prosequi by the Republic. Subsequently, the Circuit Court purported to rescind the discharge order on the ground that a copy of the nolle prosequi had not been filed at the Court of Appeal. The Republic appealed against this rescission.
read moreJUDGMENT OF ABAKAH J. The Republic appeals to this court against a ruling given by the Circuit Court, Koforidua on 27 October 1987. By the ruling in question the circuit court purported to rescind an earlier order made by that court at the same sitting, discharging the respondent upon the entry of a nolle prosequi by the Republic. The sole ground of appeal filed on 6 November 1987 reads: “The trial judge erred in law when he vacated an earlier order made by him on the grounds that a copy of the nolle prosequi ought to be filed at the Court of Appeal before the accused could be discharged.” Before arguing the substantive appeal, learned Mr. S. Y. Anim, Senior State Attorney, for the Republic, made some observations on certain submissions which he said were made in the circuit court in connection with the matter culminating in this appeal but which were not recorded. On the right of the Attorney-General to enter nolle prosequi Mr. Anim referred me to section 54 of the C...