THE REPUBLIC VRS KAYODE & 3 ORS [2024] GHASC 38 (17 July 2024)

THE REPUBLIC VRS KAYODE & 3 ORS [2024] GHASC 38 (17 July 2024)

The 1931 Extradition Treaty between the United States of America and Great Britain is part of the existing law of Ghana under Article 11 of the 1992 Constitution because, at independence, all territories comprising present-day Ghana were British dominions or protectorates covered by the Treaty. The Treaty was saved and continued in force by Section 3(2) of the Extradition Act, 1960 (Act 22).

Citation
THE REPUBLIC VRS KAYODE & 3 ORS [2024] GHASC 38 (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 (extradition Proceedings) / Supreme Court Determination of Reference From District Court
Outcome
Reference answered; 1931 Extradition Treaty forms part of the laws of Ghana.
Legal Topics
Extradition, Treaty Succession, Applicability of Colonial Treaties, Interpretation of Existing Law Under the Constitution
Source Language
eng
Constitutional Law Criminal Law International Law Extradition Treaty Succession Applicability of Colonial Treaties Interpretation of Existing Law Under the 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 (extradition Proceedings) / Supreme Court Determination of Reference From District Court

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)
  2. 2 Whether the Treaty applies to the entirety of present-day Ghana or only to the Northern Territories

Ratio Decidendi

The 1931 Extradition Treaty between the United States of America and Great Britain is part of the existing law of Ghana under Article 11 of the 1992 Constitution because, at independence, all territories comprising present-day Ghana were British dominions or protectorates covered by the Treaty. The Treaty was saved and continued in force by Section 3(2) of the Extradition Act, 1960 (Act 22).

Court Disposition

Reference answered; 1931 Extradition Treaty forms part of the laws of Ghana.

Orders

  • The 1931 Extradition Treaty between the United States of America and Great Britain is part of the existing law of Ghana under Article 11 of the 1992 Constitution.
  • The District Court has jurisdiction to proceed with the extradition application.