Republic Vrs Amponsah and Others [2019] GHASC 27 (28 May 2019)

Republic Vrs Amponsah and Others [2019] GHASC 27 (28 May 2019)

No constitutional issue arose from the proceedings before the trial judge to warrant a reference to the Supreme Court under Article 130(2); the reference was a grievous error and is set aside.

Citation
[2019] GHASC 27
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 2019
Procedural Posture
Criminal Reference / Supreme Court Reference Determination
Outcome
reference set aside
Legal Topics
Admissibility of Electronic Evidence, Search and Seizure, Constitutional Interpretation, Privacy Rights
Source Language
English
Criminal Law Constitutional Law Evidence Law Admissibility of Electronic Evidence Search and Seizure Constitutional Interpretation Privacy Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

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 Reference Determination

Legal Issues

  1. 1 Whether the reference to the Supreme Court under Article 130(2) was proper
  2. 2 Whether the admissibility of electronic evidence seized from accused persons required constitutional interpretation

Ratio Decidendi

No constitutional issue arose from the proceedings before the trial judge to warrant a reference to the Supreme Court under Article 130(2); the reference was a grievous error and is set aside.

Court Disposition

reference set aside

Orders

  • Reference to the Supreme Court is set aside.