[2019]DLHC10087 • March 22, 2019 • High Court
THE REPUBLIC vs. GREGORY AFOKO
The accused, Gregory Afoko, was granted bail by the High Court on 15 March 2019 in a murder charge. The Republic, dissatisfied with the bail grant, filed a notice of appeal and an application to stay the execution of the bail. The State alleged that the bail was unreasonably granted given the nature of the offence and that the accused was a flight risk. The court considered these allegations and the affidavits submitted by both parties.
read moreThe learned chief state attorney by this application prays this court to stay execution of the bail the court on 15 March 2019 granted to the accused person, the respondent herein. Dissatisfied with the ruling, the state filed notice of appeal, and this application shortly after grant of the bail on 15 March 2019. Lawyer for the accused respondent raised objection to the hearing of the application. Counsel lampooned the propriety of the application and questioned the rule of procedure or practice that grounds the application. The learned chief state attorney sought refuge under the inherent jurisdiction of the court. Indeed, the application is beings considered under the inherent jurisdiction of the court. Grounds of the appeal appear to be three-pronged: that the grant of bail to the accused was unreasonable without any support having regard to the nature of the offence; that there had not been any unreasonable delay; and that the court did not exercise its discretion judicially. ...