Republic Vrs Amponsah and Others [2018] GHASC 93 (28 May 2018)
No issue of constitutional interpretation or enforcement arose from the proceedings before the trial judge; the reference to the Supreme Court was improper and constituted a grievous error.
- Citation
- [2018] GHASC 93
- Parties
- Prosecution: The Republic; Accused: Kwame Amponsah; Accused: Bismark Koomson; Accused: Issris Fatau; Accused: Isaac Ohene Agyekum; Accused: Christopher Obereke
- Court
- Supreme Court
- Jurisdiction
- Ghana
- Judgment Date
- 28 May 2018
- Procedural Posture
- Criminal Reference / Supreme Court Determination of Constitutional Reference From High Court
- Outcome
- Reference set aside
- Legal Topics
- Admissibility of Electronic Evidence, Search and Seizure, Constitutional Interpretation, Privacy Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Kwame Amponsah
Accused
Bismark Koomson
Accused
Issris Fatau
Accused
Isaac Ohene Agyekum
Accused
Christopher Obereke
Accused
Procedural Posture
Criminal Reference / Supreme Court Determination of Constitutional Reference From High Court
Legal Issues
- 1 Whether the reference to the Supreme Court under Article 130(2) was proper
- 2 Whether the admissibility of electronic evidence seized from accused persons required constitutional interpretation
Ratio Decidendi
No issue of constitutional interpretation or enforcement arose from the proceedings before the trial judge; the reference to the Supreme Court was improper and constituted a grievous error.
Court Disposition
Reference set aside
Orders
- The reference to the Supreme Court is set aside.
Full Case Text
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