THE REPUBLIC VRS KAYODE & 3 ORS (J6/01/2024) [2024] GHASC 39 (17 July 2024)

THE REPUBLIC VRS KAYODE & 3 ORS (J6/01/2024) [2024] GHASC 39 (17 July 2024)

The 1931 Extradition Treaty between the United States of America and Great Britain forms part of the existing law of Ghana under Article 11 of the 1992 Constitution and Section 3(2) of the Extradition Act 1960, as Ghana succeeded to the Treaty upon independence, and the Treaty applies to all territories constituting...

Source-derived case information.

Citation
THE REPUBLIC VRS KAYODE & 3 ORS (J6/01/2024) [2024] GHASC 39 (17 July 2024)
Parties
Respondent: The Republic; Applicant: Abiola Ayorinde Kayode (alias ABK, alias Abdul Rahman Ibrahim); Applicant: Adewale Aniyeloye; Applicant: Richard Uzuh; Applicant: Banson
Court
ghasc
Jurisdiction
Ghana
Judgment Date
17 July 2024
Procedural Posture
Constitutional Reference / Final Judgment
Outcome
constitutional question answered; Treaty forms part of Ghanaian law
Legal Topics
Extradition, Treaty Succession, Existing Law Under Constitution
Source Language
en
Constitutional Law Criminal Law International Law Extradition Treaty Succession Existing Law Under Constitution

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Parties

The Republic

Respondent

Abiola Ayorinde Kayode (alias ABK, alias Abdul Rahman Ibrahim)

Applicant

Adewale Aniyeloye

Applicant

Richard Uzuh

Applicant

Banson

Applicant

Procedural Posture

Constitutional Reference / Final Judgment

Legal Issues

  1. 1 Whether the 1931 Extradition Treaty between the United States of America and the United Kingdom forms part of the laws of Ghana under Article 11(1)(d) of the 1992 Constitution and Section 3(2) of the Extradition Act 1960 (Act 22)

Ratio Decidendi

The 1931 Extradition Treaty between the United States of America and Great Britain forms part of the existing law of Ghana under Article 11 of the 1992 Constitution and Section 3(2) of the Extradition Act 1960, as Ghana succeeded to the Treaty upon independence, and the Treaty applies to all territories constituting Ghana.

Court Disposition

constitutional question answered; Treaty forms part of Ghanaian law

Orders

  • The 1931 Extradition Treaty is part of the existing law of Ghana under Article 11 of the 1992 Constitution.
  • District Court has jurisdiction to determine extradition application under the Treaty.