REPUBLIC vs. HIGH COURT, ACCRA; EX PARTE EASTWOOD LTD AND OTHERS

JUDGMENT OF CHARLES HAYFRON-BENJAMIN Charles Hayfron-Benjamin JSC delivered the ruling at the invitation of Amua-Sekyi JSC. The preceding matters leading to the present application originated from the National Public Tribunal before which the present respondents were tried for certain criminal offences under the Public Tribunals Law, 1984 (PNDCL 78). The present respondents, it appears were convicted by that tribunal, but the issue of sentence was not concluded there and then. This situation arose because the respondents decided to take advantage of section 1(1) and (2) of the Public Tribunals (Amendment) Law, 1989 (PNDCL 213) by offering restitution or reparations to the State for the losses, if any, which had been occasioned by their offences. The matter of restitution and reparation was finally settled on 8 October 1990. The present respondents, except the first respondent’s plea bargain was accepted by the tribunal and orders were made confiscating the properties which formed .....