Republic Vrs Eunice Adu & Anor. [2023] GHACC 548 (17 May 2023)

Republic Vrs Eunice Adu & Anor. [2023] GHACC 548 (17 May 2023)

The judge exercised discretion to adopt the previous proceedings rather than start the trial denovo, as permitted by precedent and judicial advice, and ordered the 1st accused to open her defence in the Ashaiman Circuit Court.

Citation
[2023] GHACC 548
Parties
Prosecutor: The Republic; 1st Accused: Eunice Adu; 2nd Accused: Patrick Koduah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 May 2023
Procedural Posture
Criminal / Ruling on Adoption of Proceedings and Order to Open Defence
Outcome
preliminary objection overruled; proceedings adopted; 1st accused to open defence
Legal Topics
Jurisdiction, Adoption of Proceedings, Denovo Trial, Judicial Discretion
Source Language
English
Criminal Procedure Jurisdiction Adoption of Proceedings Denovo Trial Judicial Discretion

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Parties

The Republic

Prosecutor

Eunice Adu

1st Accused

Patrick Koduah

2nd Accused

Procedural Posture

Criminal / Ruling on Adoption of Proceedings and Order to Open Defence

Legal Issues

  1. 1 Whether the Ashaiman Circuit Court has jurisdiction to continue the trial of the 1st accused person
  2. 2 Whether the proceedings should be adopted or the trial should start denovo

Ratio Decidendi

The judge exercised discretion to adopt the previous proceedings rather than start the trial denovo, as permitted by precedent and judicial advice, and ordered the 1st accused to open her defence in the Ashaiman Circuit Court.

Court Disposition

preliminary objection overruled; proceedings adopted; 1st accused to open defence

Orders

  • Proceedings adopted by the Ashaiman Circuit Court
  • 1st accused person to open her defence