PRAH AND OTHERS vs. THE REPUBLIC [1976]DLHC421

Date	1976-05-13
Suit No.
Citation No.	[1976]DLHC421

ABOAGYE J.

O. K. SAMPSON (FOR AMPONSAH-DADZIE) FOR THE APPLICANTS.

ADINYIRA STATE ATTORNEY FOR THE RESPONDENT.

[1976]DLHC421
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													<main id="main" class="content" style="min-height: 60rem" >PRAH AND OTHERS<o:p></o:p>&nbsp;vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>&nbsp;[HIGH
COURT, CAPE COAST]<o:p></o:p>[1976] 2 GLR 278<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
13 MAY 1976.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

O. K. SAMPSON (FOR AMPONSAH-DADZIE) FOR THE
APPLICANTS.<o:p></o:p>

ADINYIRA, STATE ATTORNEY, FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ABOAGYE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABOAGYE J.<o:p></o:p>The
applicants herein have been charged before the District Court/Grade II , Cape
Coast, with the offence of murder contrary to section 46 of the Criminal Code,
1960 (Act 29). On 3 May 1976, they were all remanded in custody. This
application for bail for them has been brought by their counsel, Mr. E. M.
Amponsah-Dadzie, under the Criminal Procedure Code, 1960 (Act 30), s. 96 (3).
In an affidavit supporting the application it has been stated that the accused
persons have been wrongly arrested and charged with the offence as none of them
could be said to have taken part in the alleged murder of the victim, a child
by name Benjamin Coleman. A copy of the motion paper and the supporting
affidavit were served on learned state attorney but no affidavit in opposition
was filed. This means that the facts deposed to in the applicants’ affidavit
are not denied by the Republic.<o:p></o:p><o:p>&nbsp;</o:p>At the
hearing of the application the learned state attorney referred to the Criminal
Procedure Code (Amendment) Decree, 1975 (N.R.C.D. 309), which has amended the
original section 96 (3) of the Criminal Procedure Code, 1960 (Act 30), under
which the High Court or the circuit court could grant bail in murder cases.
Counsel then submitted that under section 96 (7) (a) of the Criminal Procedure
Code, 1960 (Act 30), as amended by N.R.C.D. 309, this court has no jurisdiction
to grant the application. Section 96 (7) (a) of the Criminal Procedure Code,
1960 (Act 30) as amended by N.R.C.D. 309, reads: “A court shall refuse to grant
bail (a) in a case of treason, subversion, murder, robbery, hijacking, piracy
or escape from lawful custody.” The words of the paragraph are mandatory and
bail cannot be granted by any court to a person properly charged with murder.<o:p></o:p><o:p>&nbsp;</o:p>The
applicants herein claim that they have not killed or taken part in the killing
of any person and, as I have said before, that claim has been impliedly admitted
by the respondent. That being so the applicants cannot be said to have been
properly charged with murder. The law must be used to protect life, liberty and
property and not to destroy them. In the circumstances of this application I
hold that the provisions of section 96 (7) (a) of the Criminal Procedure Code,
1960 (Act 30), as amended, do not apply and since the application is not
opposed on any merits it is hereby granted.<o:p></o:p><o:p>&nbsp;</o:p>I must
take this opportunity to advocate the amendment of section 96 (7) (a) of the
Criminal-Procedure Code, 1960 (Act 30), since it can be used to cause untold
hardship to innocent persons who are merely suspected of having committed
murder. It normally takes not less than one year for a person arrested for
murder to be tried and great injustice would be caused if an innocent person
arrested for no reasonable cause is to be kept in custody only to be told later
that he is innocent. The High Court must be given a discretion to grant bail in
all cases when circumstances justify the grating of bail.<o:p></o:p>Bail to
each applicant is allowed in the sum of ¢10,000.00 with two sureties to be
justified. In addition, each applicant is to report daily to the police at
Komenda.<o:p></o:p>

<o:p>&nbsp;</o:p></main>