REPUBLIC vs. COURT OF APPEAL EXPARTE: ATOURNEY GENERAL

EDWARD WIREDU JSC. The Attorney-General, the applicant in this application, shall hereafter be referred to simply as the applicant, while the interested party (Mr Frank Benneh) will also hereafter be referred to simply as the accused person. The application is for an order of certiorari to quash the proceedings and orders of the Court of Appeal (Criminal Division) dated 20, 22 and 27 July 1998 on the grounds that they are a nullity. The grounds urged in support of the application are as follows: “ (1) the court acted without jurisdiction in purporting to entertain a petition of appeal dated 8 July 1998 filed in the Registry of the Court of Appeal against the refusal of the regional tribunal to grant bail, and a motion filed in the Registry of the Court of Appeal on 16 July 1998 for bail on 20 July 1998 and making orders directed to the Attorney-General in that respect. (2) the court acted without jurisdiction in purporting to adjourn the said supposed petition of appeal of8 July 1.....