BETWEEN THE REPUBLIC vs. HIGH COURT, HUMAN RIGHT DIVISION

ANIN-YEBOAH JSC My Lords, On the 19th of February, we granted an application for certiorari and made far-reaching consequential orders but deferred our reasons. We now proceed to offer our reasons for granting the application. To appreciate the grounds leading to the grant of certiorari against the High Court, Accra [Human Rights Division], it is crucial to briefly state the facts of the case culminating in this application. The applicant herein, NAA OTUA SWAYNE, was at the time material to this case a complainant in a criminal case pending before His Honour Judge Francis Obiri sitting at the Circuit Court, Accra. The case was intituled as: CASE No. D6/278/12: THE REPUBLIC V PRINCE KOFI AMOABENG AND JOHN AIDOO; and for a fuller record the charge sheet states thus: IN THE CIRCUIT COURT ACCRA STATEMENT OF OFFENCE FRAUD AS TO THING PLEDGED OR TAKEN IN EXECUTION contrary to section 143 of Act 29/60. PARTICULALRS[sic] OF OFFENCE PRINCE KOFI AMOABENG: BANKER; For that...