[2016]DLSC2820 • July 28, 2016 • Supreme Court •
THE REPUBLIC vs. HIGH COURT, (CRIMINAL DIVISION) ACCRA EXPARTE: FRANCIS ARTHUR AND THE ATTORNEY GENERAL
The applicant, Francis Arthur, was arraigned on charges of stealing and forgery in July 2013 and initially denied bail. He was later granted bail on 23 November 2013 after satisfying bail conditions. The applicant consistently appeared in court, but his counsel frequently absented himself due to parliamentary duties, causing multiple adjournments. On 9 March 2016, the trial judge rescinded the applicant's bail and remanded him into custody, citing delays caused by counsel's conduct, without giving the applicant an opportunity to be heard.
read moreAKOTO-BAMFO (MRS.), JSC: Before us is an application on notice for an order of certiorari pursuant to Article 132 of the 1992 Constitution to quash the ruling dated the 9th of March 2016 delivered by Abdullah Iddrisu J sitting at the High Court, Criminal Division, Accra; and a further order prohibiting the learned Judge from hearing the matter. In the said ruling, an order was made “rescinding the bail granted to the accused person on the 23rd of November 2013 and remanding the applicant into prison custody”. The following are the grounds relied on by the applicant: a. “His Lordship exceeded his Jurisdiction when he rescinded the bail granted to the applicant and remanded him into prison custody when the terms of the said bail bond had not been breached by the applicant. b. The ruling dated 9th March 2016 was made in breach of the rules of natural justice”. In order to appreciate the issues raised, it is necessary to give a brief background of the events which led to th...