[2021]DLSC10069 • February 10, 2021 • Supreme Court •
THE REPUBLIC VS. HIGH COURT, COMMERCIAL DIVISION, ACCRA, EX-PARTE: KWABENA DUFFOUR, ATTORNEY-GENERAL AND 8 OTHERS
The case arose from a ruling of the High Court, Commercial Division, Accra, dated 30th July 2020, where the trial judge admitted prosecution documents into evidence during the case management conference stage before the trial commenced and without the presence or oath of the witness. The applicant, Kwabena Duffour, Attorney-General and others, objected to this admission, arguing it contravened statutory provisions governing evidence and trial procedure.
read moreAMADU, JSC:- (1) The application before the Court invokes the Court’s supervisory jurisdiction against the ruling of the High Court dated the 30th day of July 2020. It is exhibited to the affidavit in support of the application and marked KD2. The ruling was delivered pursuant to an objection raised by the Applicant to the admission of some evidence emanating from the prosecution. This took place at the case management stage of the proceedings. (2) The background to the ruling of the High Court is aptly summarized by reference to paragraphs 8 to 12 of the affidavit in support of the application wherein it is deposed as follows; “8. That in the course of Case Management Conference the Trial Judge purported to admit documents into evidence prior to the commencement of the trial and in the absence of the witness through whom the Prosecution intends to tender these documents. 9. That owing to the absence of any express rules in the Criminal Procedure and Other Of...