FRANCIS DEMU @ DIESEL AND FULANI ABDULAI vs. THE REPUBLIC [2015]DLCA8402

Date	2015-10-28
Suit No.	SUIT NO: H2/16/2015
Citation No.	[2015]DLCA8402

ADJEI JA – PRESIDING

CECILIA H. SOWAH JA

HENRY KWOFIE JA

APPELLANT IN PERSON

MRS. EMILY ADDO OKYIRE (CSA) FOR THE

RESPONDENT WITH HER IS EMMANUEL OPARE WIREDU (ASA)

[2015]DLCA8402
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													<main id="main" class="content" style="min-height: 60rem" >FRANCIS DEMU @ DIESEL AND FULANI ABDULAI<o:p></o:p>(APPELLANTS)<o:p></o:p><span lang="EN-GB" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
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color:#00B0F0">vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, KOFORIDUA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO: H2/16/2015&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 28TH &nbsp;OCT, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>APPELLANT IN PERSON<o:p></o:p>MRS. EMILY ADDO OKYIRE (CSA) FOR THE <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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RESPONDENT WITH HER
IS EMMANUEL OPARE WIREDU (ASA) <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;
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ADJEI JA – PRESIDING,
CECILIA H. SOWAH JA, HENRY KWOFIE JA<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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</div>ADJEI, J.A:<o:p></o:p>This appeal is against the sentence imposed on the
appellant by the High Court, Ho on 27th August, 2003. The three
offences preferred against the appellant before the trial High Court were two
counts of conspiracy to commit robbery and robbery contrary to Sections 23 and 149 of Act 29, 1960
respectively.<o:p></o:p>The appellants were tried on indictment at the
High Court and the Jurors found them guilty on all the two counts. The trial
High Court Judge sentenced the appellant who were then aged 35 and 23 years
respectively to a term of thirty (30) years imprisonment to run concurrently.<o:p></o:p>The appellants now appeal to this court for
reduction of sentence as they deem their sentences as harsh and excessive. It
has come to our notice that the first appellant once appealed to the Court of
Appeal, Accra on the same record and was dismissed by the Court on 22nd
November, 2011.<o:p></o:p>This court cannot sit as an appellate court on the
decision rendered by the Court of appeal, Accra. It is the same court but
differently constituted.&nbsp; Furthermore,
this court cannot review its own criminal judgment and the appeal should be
dismissed. Neither the Constitution of Ghana, 1992 nor Courts Act, 1993 (Act
459) confer criminal review jurisdiction on this Court. The Rules of Court
Committee in the Court of Appeal Rules (C.I. 19) conferred review jurisdiction in
exceptional cases on the Court of Appeal. The review jurisdiction is however but
it is limited to civil matters. Rules 8 – 37 of C.I. 19 with the exception of
rule 27 A. are on civil appeals only. However, the Court in its quest to do
Justice may adopt some of the civil provisions in criminal appeals but the law
is that the Court of Appeal and all the Courts below it lack jurisdiction to
review their criminal decisions. There is no provision in the 1992 Constitution,
the Courts Act, the Criminal procedure and other Offences Act and any other law
which confers review jurisdiction in criminal matters on the Court of Appeal
and all the courts below it. The law is settled that a court exercising a
criminal jurisdiction becomes functus
officio after it has rendered its decision unless a statute expressly
confers review jurisdiction in criminal matters on it.<o:p></o:p>Review Jurisdiction is different from the
revisional Powers conferred on High Court Judges and the Chief Justice by Section 52 of the Courts Act, Act 459.
The revisional Powers cloth the High Court Judge exercising Jurisdiction over
the District to receive a complete list of all criminal matters heard by the
District Magistrate during every month specifying the offence which the accused
was charged, date of conviction or acquittal and the sentence imposed on those
convicted.<o:p></o:p>Where there is neither an appeal pending against
the decision nor a reservation of question of law has been made under Section 100
of the Courts Act, the High Court Judge may suo
motu or on the Petition by an interested person exercise revisional Powers
by disturbing the conviction or acquittal and may vary the Sentence imposed and
impose appropriate one. This power lapses three months after the last days of
the month to which the list relates. Revisional Powers are different from
review jurisdiction in criminal matters as it is not exercisable by the
Magistrate who heard the mater but rather a High Court Judge with Jurisdiction
over the District or the Chief Justice. &nbsp;&nbsp;<o:p></o:p>&nbsp;The Supreme
Court is the only court which can review its criminal decisions by virtue of
article 133 of the Constitution of Ghana, 1992. The Lower Courts cannot grant
bail pending appeal after they had rendered their decisions in criminal matters.
The Superior Courts are the only Courts clothed with jurisdiction to grant bail
pending appeal with respect to decisions rendered by them. Section 33 (1) of the Courts Act, 1993 (Act 459) clothes
Superior Courts with jurisdiction to grant bail pending appeal in criminal
judgments de</main>