ASANTE VRS. REPUBLIC (CR/0247/2024) [2024] GHAHC 257 (18 April 2024)
The applicant has been in custody for approximately 10 months without trial or substantive charges, with no evidence of progress in investigations or prosecution, constituting unreasonable delay not attributable to the applicant. Constitutional and case law require release on bail under such circumstances.
- Citation
- ASANTE VRS. REPUBLIC (CR/0247/2024) [2024] GHAHC 257 (18 April 2024)
- Parties
- Applicant: Emmanuel Asante; Respondent: The Republic
- Court
- ghahc
- Jurisdiction
- Ghana
- Judgment Date
- 18 April 2024
- Procedural Posture
- Criminal / Bail Application Pending Trial
- Outcome
- Bail granted
- Legal Topics
- Bail, Unreasonable Delay, Presumption of Innocence
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Emmanuel Asante
Applicant
The Republic
Respondent
Procedural Posture
Criminal / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial due to unreasonable delay in prosecution
- 2 Whether the applicant poses a flight risk or is likely to interfere with investigations
Ratio Decidendi
The applicant has been in custody for approximately 10 months without trial or substantive charges, with no evidence of progress in investigations or prosecution, constituting unreasonable delay not attributable to the applicant. Constitutional and case law require release on bail under such circumstances.
Court Disposition
Bail granted
Orders
- Applicant granted bail in the sum of GHC 600,000.00 with two sureties, one to be justified with landed property.
- Registrar to verify authenticity of land documents.
Full Case Text
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