THE REPUBLIC vs CIRCUIT COURT – ACCRA CORAM: JUSTICE PATIENCE MILLS TETTEH (MRS), ATTORNEY-GENERAL EX-PARTE: KUDJO ANKU, DAVID FAMEYE AND 2 ORS

JUDGMENT In these proceedings, the applicants pray for the following orders: a. A declaration that the transaction between INTECELL INVESTMENTS LTD and the 1st, 2nd and the 3rd interested parties is purely a civil transaction that does not give rise to a criminal charge. b. A declaration that the trial of the applicants, the accused persons at the Circuit court is wrongful, unlawful and an infringement of the fundamental rights of the said accused persons and applicants herein, the same offending Article 11 of the International Covenant on Civil and Political Rights. c. An order prohibiting, restraining the 1st respondent from hearing and determining the criminal case No. D2/263/13 and also prohibiting, restraining the 2nd respondent from prosecuting the accused persons thereof. I have just read a judgement in suit No. HRCM 145/13, titled: The Republic v. circuit Court, Accra and Anor; Ex-Parte: Kudjo Anku and 2 others, the facts and the reliefs sought therein are simila...