CRIMINAL PROCEDURE by HIS LORDSHIP JUSTICE FRANCIS

Transcript:CRIMINAL PROCEDURE by HIS LORDSHIP JUSTICE FRANCIS:
CRIMINAL PROCEDURE by HIS LORDSHIP JUSTICE FRANCIS OBIRI francisobiri000@gmail.com CONSTITUTIONAL RIGHTS The high court has exclusive jurisdiction in the enforcement of fundamental human rights under the 1992 Constitution. See the following cases: Rockson V Ghana Football Association [2010] SCGLR 443 Edusei (No. 2) V Attorney General [1998-99] SCGLR 753 Edusei (No.1) V Attorney General & Anor [1996-97] SCGLR 1 However, an interpretation of a provision relating to the enjoyment of any of these fundamental human rights is the preserve of the Supreme Court. SEE THE FOLLOWING CASES: Republic V Eugene Baffoe-Bonnie[2018]123 GMJ 253 SC Federation of Youth Association of Ghana V Public Universities of Ghana [2010] SCGLR 265 Mensima V Attorney General [1996-97] SCGLR 676 New Patriotic Party V Attorney General (CIBA CASE) [1996-97]SCGLR 729 Fundamental human rights are to be respected by the three arms of government and all other government agencies. The fundamental human rights under chapter 5 of the constitution are entrenched provisions under article 290 of the Constitution. This means that non of those rights can be amended without going through a difficult procedure including a referendum. The 1992 Constitution has devoted a whole chapter on fundamental human rights, which is chapter 5 of the Constitution. It has also entrenched its provisions because of our experiences under the 1960 Constitution, and with particular reference to the Re Akoto case. Criminal proceedings cannot take place without due regard and respect to these fundamental human rights. Therefore, a breach of any of the fundamental rights against a suspect or an accused person or a convict can lead to legal action against the State on behalf of the person affected. Under Article 12, these fundamental human rights apply to all persons in Ghana irrespective of religion, race, colour, creed, political affiliation, gender, place of origin. It also enjoins us to respect the rights of other people as well. Article 13 guarantees protection of right to life. No person should be deprived of his life except in the execution of a sentence of a court in respect of an offence one has been convicted. However, if a person dies as a result of war, or by use of force, which is justifiable, then the offender will not be held liable. The use of force should be for the following: Defence of property belonging to the person. Defence of the person. That is, self-defence. However, the defence should be necessary under