[2008]DLCA4399 • July 24, 2008 • Court of Appeal
ABDUL SAMED SEIDU vs. THE REPUBLIC
The appellant, a Canadian citizen, was accused in connection with the disappearance of Abdul Samed Seidu, who had been entrusted with funds to complete a house in Tamale. The appellant alleged that Abdul Samed owed him money and had absconded, while the prosecution contended that the appellant was implicated in the disappearance, suspected to be murder. The appellant was arrested at the airport while attempting to leave Ghana and denied bail by the High Court.
read moreKUSI-APPIAH, J.A.: This appeal is from the decision of the High Court, Tamale, given on 11th July, 2007 per DOEGAH J. by which the Learned Judge refused and dismissed an application for bail by the applicant ,now the appellant herein. Dissatisfied with the said ruling the appellant has appealed to this court on the following grounds: (1) That the ruling was unreasonable having regard to the circumstances. (2) That the trial Judge exercised his discretion improperly and wrongfully. (3) That the continued detention of the appellant contravenes Articles 14 and 19 of the Constitution of the Republic of Ghana. Before I discuss these grounds of appeal, I would give a brief background information of this case. The facts of the appellant’s case may be gathered from the affidavit in support of his application for bail at the High Court containing the following relevant averments: “2. I am a Ghanaian by birth and ordinarily resident in Canada where I am a citizen...