ABDULAI III AND OTHERS vs. THE REPUBLIC

JUDGMENT OF AMPIAH J.A. On 22 June 1987 the appellants were convicted on various charges by the Circuit Court, Tamale and sentenced accordingly. The appellants appealed to the High Court, Tamale which also affirmed the convictions and dismissed the appeal. Aggrieved by this judgment, the appellants have once again appealed to this court. Before the merits of the appeal could be argued, counsel for the Republic submitted that the appeal was not properly before the court. He referred the court to section 2 (3) (b) of the Courts (Amendment) Law, 1987 (P.N.D.C.L. 191), and said in view of the fact that the appellants had not asked for leave from the court below, they could not be heard by this court on their appeal. Section 2 (3) (b) of P.N.D.C.L. 191 provides: "(b) Notwithstanding the provisions of paragraph (a) of this subsection, where a decision of the High Court confirms the decision appealed against from a lower court, an appeal from the High Court may lie to the Court of Ap...