MAXWELL KOFI GYASI vs. THE REPUBLIC

APALOO JA; The Appellant/Applicant invoked the jurisdiction of the court for leave to adduce further evidence pursuant to Rule 26 of CI 19, the Court of Appeal Rules as amended. For emphasis we shall reproduce the Rule 26 herein. “26. New evidence on appeal. (1) It is not open as of right to any party to an appeal to adduce new evidence in support of his original case but in the interest of justice, the Court may allow or require new evidence to be adduced; such evidence shall be in the form of oral examination in Court, an affidavit or a deposition taken before an examiner or commissioner as the Court may direct. (2) A party may by leave of the Court, allege any facts essential to the issue that has come to his knowledge after the decision of the court and adduce evidence in support of the allegation.” When the applicant first appeared before the panel differently constituted with Kanyoke JA presiding, a preliminary objection was raised by the State that Rule 26 of CI 19...