BETWEEN THE REPUBLIC vs. HIGH COURT, HUMAN RIGHT DIVISION [2015]DLSC6393

Date	2015-02-19
Suit No.	CIVIL MOTION NO J5/8/2015
Citation No.	[2015]DLSC6393

DOTSE JSC (PRESIDING)

ANIN-YEBOAH JSC

AKOTO BAMFO (MRS) JSC

BENIN JSC

AKAMBA JSC

E. A. VORDOAGU FOR THE APPLICANT.

JOAN KING (MS.) S.S.A. WITH HER MISS GRACE OPPONG S.S.A. AND HENRIETA

JOAN KING (MS.) S.S.A. WITH HER MISS GRACE OPPONG S.S.A. AND HENRIETA KWAKYE A.S.A. FOR THE ATTORNEY GENERAL

[2015]DLSC6393
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													<main id="main" class="content" style="min-height: 60rem" >BETWEEN THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>HIGH COURT, HUMAN RIGHT
DIVISION<o:p></o:p>[SUPREME
COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL MOTION NO J5/8/2015&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;DATE: 19TH
FEBRUARY 2015<o:p></o:p>

JOAN
KING (MS.) S.S.A. WITH HER MISS GRACE OPPONG S.S.A. AND HENRIETA KWAKYE A.S.A.
FOR THE ATTORNEY GENERAL.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">RULING<o:p></o:p>

</div>ANIN-YEBOAH JSC <o:p></o:p>My
Lords, <o:p></o:p>On
the 19th of February, we granted an application for certiorari and made
far-reaching consequential orders but deferred our reasons.&nbsp; We now proceed to offer our reasons for
granting the application. <o:p></o:p>To
appreciate the grounds leading to the grant of certiorari against the High
Court, Accra [Human Rights Division], it is crucial to briefly state the facts
of the case culminating in this application. <o:p></o:p>The
applicant herein, NAA OTUA SWAYNE, was at the time material to this case a
complainant in a criminal case pending before His Honour Judge Francis Obiri
sitting at the Circuit Court, Accra.&nbsp; The
case was intituled as: CASE No. D6/278/12: THE REPUBLIC V PRINCE KOFI AMOABENG
AND JOHN AIDOO; and for a fuller record the charge sheet states thus: <o:p></o:p><o:p>&nbsp;</o:p>IN
THE CIRCUIT COURT <o:p></o:p>ACCRA
<o:p></o:p>STATEMENT
OF OFFENCE <o:p></o:p>FRAUD
AS TO THING PLEDGED OR TAKEN IN EXECUTION contrary to section 143 of Act 29/60.
<o:p></o:p>PARTICULALRS[sic]
OF OFFENCE <o:p></o:p>PRINCE
KOFI AMOABENG: BANKER; For that you between 2005 and 2007, in Accra in the
Greater Accra Circuit and within the jurisdiction of this Court; with intent to
defraud secretly and with deceit did release the Title Documents of property
No. 23 Ringway Estate owned by Nana Otua Swayne which were in your custody to
Alexander Adjei to use as a mortgage to secure a loan of Gh¢1,279,000 from HFC
Bank. COUNT TWO <o:p></o:p>STATEMENT
OF OFFENCE <o:p></o:p>ABETMENT
OF CRIME TO WIT: Fraud as to thing pledged or taken in execution contrary to
section 20 and 143 of Act 29/60. <o:p></o:p>PARTICULARS
OF OFFENCE <o:p></o:p>JOHN
AIDOO: LAWYER; For that, you during the year 2007 at Accra in Greater Accra
Circuit and within the jurisdiction of this Court with intent to commit crime
did aid and abet Prince Kofi Amoabeng to commit crime to wit: fraud involving
Title Documents of property No. 23 Ringway Estate belonging to Naa Otuah
Swayne. <o:p></o:p>The
two persons named in the charge sheet were facing prosecution at the Circuit
Court, Accra, presided over by His Honour Judge Francis Obiri for the charges
listed against their names.&nbsp; According to
the applicant herein, she was called by the prosecution as first prosecution
witness to give evidence after the Court had recorded not guilty pleas on their
behalf.&nbsp; The trial continued and the
prosecution closed its’ case. &nbsp;The two
persons in the exercise of their rights under section 173 of the Criminal and
other Offences (Procedure) Act, Act 30 of 1960 made a submission of no case to
answer but same was overruled by the trial Circuit Court judge. <o:p></o:p>The
two accused persons, however, did not appeal against the ruling of the learned
circuit judge.&nbsp; The interested party
herein Prince Kofi Amoabeng opened his defence, gave evidence and was
cross-examined.&nbsp; Before he could call a
witness, he invoked the supervisory jurisdiction of the Accra High Court (Human
Rights Division) presided over by His Lordship Mr. Justice Kofi Essel Mensah to
quash the proceedings and prohibit the learned Circuit judge on the following
grounds: <o:p></o:p>“1. A declaration that the trial of
the applicant before the Accra circuit Court is an infringement of the
applicant’s fundamental human rights <o:p></o:p>2. An order of certiorari to quash all
the proceedings and all orders made by the trial Accra Circuit Court. <o:p></o:p>3. An order of prohibition to restrain
the respo</main>