The Law Platform report shows that the state seldom invokes review jurisdiction in criminal appeal
A study by the Law Platform indicates the relaxed attitude of the Republic towards decisions of the Court of Appeal in criminal cases unless the accused person is a politically influential individual of a different political
“Indeed, it does not have the appetite for pushing for Criminal Appeals to the Supreme Court talk less of Reviews”, the study on Criminal Appeals from the Court of Appeal to the Supreme Court of Ghana says.
Out of 31 Appeal Cases, only one was brought to the Apex Court by the Republic. The remaining 30 were by the accused persons.
The study spanning between 2010 and 2024 was undertaken by the Law Platform in collaboration with Asare & Partners, Legal Practitioners.
The 1992 Constitution of the Republic of Ghana unequivocally bestows the Supreme Court with Appellate Jurisdiction in matters of criminal cases. This provision reinforces the court’s pivotal role in upholding justice and ensuring the rule of law in the country.
According to Article 131(1): An appeal shall lie from a judgement of the Court of Appeal to the Supreme Court (a) as of right in a civil or criminal cause or matter in respect of which an appeal has been brought to the Court of Appeal from a judgment of the High Court or a Regional Tribunal in the exercise of its original jurisdiction; or (b) with the leave of the Court of Appeal, in any other cause or matter, where the case was commenced in a court lower than the High Court or a Regional Tribunal and where the Court of Appeal is satisfied that the case involves a substantial question of law or is in the public interest.
Per the study, successful appeals (appeals against conviction, sentence and others) constitute 26% of all appeals from the Court of Appeal decided by the Supreme Court. This makes the success rate of Criminal Appeals from the Court of Appeal to the Supreme Court 26%.
Of note is the fact that the Supreme Court bench always decides successful criminal appeals unanimously – all the 8 successful criminal appeal cases within the years in focus constituting 26% of all appeals were decided without a single dissent.
This suggests that the overwhelming number of cases of Criminal Appeals face dismissals by the Apex Court. Out of the 31 cases which are criminal appeals from the Court of Appeal to the Supreme Court, 23 of such cases were dismissed.
This represents 74% of criminal appeals from the Court of Appeal to the Supreme Court. Thus, the failure rate of criminal appeals from the Court of Appeal to the Supreme Court is 74%.
Out of the 23 dismissed cases, 87% of such cases were dismissed unanimously, leaving the remaining 13% as cases dismissed with dissent.
“What this suggests is that, unlike successful cases, the Supreme Court sometimes harbour doubts in dismissing an appeal brought against a decision of the Court of Appeal in a criminal matter”, the study says.
The study points out that the only appeal filed by the Republic against a decision of the Court of Appeal involved a politically exposed person -REPUBLIC v ERNEST THOMPSON & 3 ORS (SUIT NO. J3/05/2020).
Ernest Thompson and his group were of a different persuasion from that of the Government in power hence buttressing the fact that “the Republic will most likely in all circumstances not appeal a decision in a criminal matter at the Court of Appeal unless the accused person is politically connected or the accused is a high-profile personality or the matter has considerable public interest”.
Story: Oppong Baah
