The Court of Appeal on Wednesday dismissed an application brought before it by lawyers for the Assin North Member of Parliament (MP), Mr Gyakye Quayson, for stay of proceedings at the High Court.
The Court of Appeal upheld that the application involves the discretionary power of the court
which requires demonstration of exceptional circumstances.
The three-member panel of the court, made up of Justice Henry Anthony Kwofie, Justice Afia Serwah Asare Botwe and Justice Richard Adjei-Frimpong, said the main issue was whether the decision in any way offended the right to fair trial of the accused.
Justice Kwofie stated that “we have averted our minds to the provisions in the constitution, Baffoe Bonnie case and effective case management strategy, as we understand the learned judge in making that decision acted within the remits of the law and we are unable to agree that the accused right to fair trial has been curtailed.”
The court said that the bench paid attention to alleged prejudicial comments by the President, the Attorney-General (A-G), and other ministers, but those comments were extra judicial and the trial judge did not make any decision based on those comments.
Justice Kwofie contended that it has not been demonstrated before the panel that the order before the trial judge goes anywhere near any breach of the provision of the constitution. He said “It has also not been demonstrated that the ruling was arbitrary, capricious or bias. No exceptional circumstance has been demonstrated. The application is hereby refused.”
Counsel for accused, Mr Tsatsu Tsikata, in his submission, told the court that there was a violation of a constitutional right to a fair trial such as is taking place in the court below which constitutes an exceptional circumstance, on the basis of which the court ought to exercise its discretion to stay the proceedings until the appeal is determined.
He said article 19 of the constitution of Ghana, provides that a person challenged with a criminal offence shall be given a fair hearing within a reasonable time by a court.
The Attorney-General and Minister of Justice, Godfred Yeboah Dame, in his submission describe the application of accused completely untenable.
“The application they filed is properly constituted and annexed exhibits that they referred to. Nowhere in their affidavit did they allege an application to the court believe for whoever proceedings, I do not even know. They did not even attach a copy of the application to the court,” he said.
Mr Dame said “the only matter he should be concerned about is whether the trial court erred in ordering for the trial to be continued on day-to-day basis. All the other allegations about prejudice, statements that were even made after this ruling are utterly irrelevant.”
BY LAWRENCE VOMAFA-AKPALU
