[1998]DLSC6119 • July 14, 1998 • Supreme Court •
452/91 EMMANUEL AGBO KWASHIE & 450/91 SOLOMON SAWA vs. THE REPUBLIC
The appellants, Emmanuel Agbo Kwashie and Solomon Sawa, were convicted of robbery contrary to Section 149 of the Criminal Code 1960 (Act 29) by the Ashanti Regional Public Tribunal in Kumasi on 4 March 1991 and sentenced to death. They failed to appeal to the National Appeal Tribunal before it ceased to exist following the 1992 Constitution. They later applied to the Supreme Court for a right of appeal to challenge their conviction and sentence.
read moreThe Appellants herein are in effect praying this court for a grant to them of the right of Appeal to enable them to appeal their conviction and sentence of Death for Robbery Contrary to Section 149 of the Criminal Code 1960 (Act 29). They were tried and convicted by the Ashanti Regional Public Tribunal Kumasi on the 4th March 1991 but failed to appeal to the National Appeal Tribunal until after the 1992 Constitution. On January 12th, 1998 they appealed to the Court of Appeal which dismissed their appeal for lack of jurisdiction relying on the Supreme Court case of The People v. Surpong and others No.2/93 dated 28/6/93 S.C. unreported. Under Section 7(3) of the Transitional Provisions of the 1992 Constitution cases partly heard before the National Public Tribunal shall be continued and completed before that Tribunal after which the Tribunal shall ceases to exist either on completion of the hearing or within six months after the coming into force of the 1992 Constitution which ever is ...