Sabbah Vrs Republic [2015] GHASC 133 (11 June 2015)

Sabbah Vrs Republic [2015] GHASC 133 (11 June 2015)

Article 14(7) of the 1992 Constitution does not confer an automatic right to compensation upon acquittal after serving a sentence; the power to certify and award compensation is discretionary, to be exercised judicially based on the facts and circumstances, including whether the applicant was completely innocent and suffered a grave miscarriage of justice. In this case, the appellant was found to be completely innocent, wrongfully arrested, prosecuted, convicted, and sentenced to death without any reasonable or probable cause, justifying an award of compensation.

Citation
[2015] GHASC 133
Parties
Appellant: Dodzie Sabbah; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 June 2015
Procedural Posture
Criminal Appeal / Supreme Court Final Appellate Judgment
Outcome
Appeal allowed in part; compensation awarded
Legal Topics
Compensation for Wrongful Conviction, Interpretation of Constitutional Provisions, Judicial Discretion, Personal Liberty, Miscarriage of Justice
Source Language
English
Constitutional Law Criminal Law Human Rights Compensation for Wrongful Conviction Interpretation of Constitutional Provisions Judicial Discretion Personal Liberty Miscarriage of Justice

Case Brief

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Parties

Dodzie Sabbah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appellate Judgment

Legal Issues

  1. 1 Whether compensation under Article 14(7) of the 1992 Constitution is automatic upon acquittal or discretionary
  2. 2 What criteria guide the award of compensation for wrongful conviction and imprisonment
  3. 3 Whether the appellant's arrest, detention, prosecution, and conviction were without reasonable or probable cause

Ratio Decidendi

Article 14(7) of the 1992 Constitution does not confer an automatic right to compensation upon acquittal after serving a sentence; the power to certify and award compensation is discretionary, to be exercised judicially based on the facts and circumstances, including whether the applicant was completely innocent and suffered a grave miscarriage of justice. In this case, the appellant was found to be completely innocent, wrongfully arrested, prosecuted, convicted, and sentenced to death without any reasonable or probable cause, justifying an award of compensation.

Court Disposition

Appeal allowed in part; compensation awarded

Orders

  • The appellant is entitled to compensation for wrongful conviction and imprisonment under Article 14(7) of the 1992 Constitution.
  • A global sum of GH¢35,000.00 (Thirty-Five Thousand Ghana Cedis) is awarded as compensation to the appellant.