There is growing pandemonium at the corridors and offices of some judicial staff of the Tamale High Court following the decision of a judge to quash an earlier ruling by another judge of the same court in the commercial division.
An ongoing case between Abdulai Sirta, complainant, and Patrick Ayaba, defendant, is the reason for this growing pandemonium which has also spilled onto the chambers of some legal practitioners in Tamale.
Savannahnews can report that, there is also growing anger and disappointment in the camp of the complainant who thinks that justice is slipping away from him considering the fact that two earlier rulings indicated he was on his way to winning the protracted case.
According to Mr. Sirta, the ruling by the High Court against the decision by its commercial division which has the same coordinate jurisdiction has raised serious concerns about the legal justice system in the Northern Region and for that matter, Ghana as a whole.
Thus, Mr. Sirta, has petitioned the Chief Justice, Mrs. Georgina Theodora Wood to take interest in the matter by causing an investigation into it to ensure that justice is rightly served whom it is due.
Earlier, the Tamale Circuit Court presided over by His Honour William Appiah Twumasi sentenced Patrick Ayaba who is an Assemblyman for the Teshei Electoral Area in the Bawku West District to a fine of 300 penalty units (GH¢3,600.00) or in default serve 2 years in hard labour.
Mr. Ayaba who was not satisfied with the judgement passed by the Tamale Circuit Court, appealed against it at the Appeals Court in Tamale. On February 15, 2017, His Lordship Justice Daniel Kwaku Obeng in his ruling affirmed the Circuit Court’s conviction of Mr. Ayaba.
Accordingly, the sentence imposed on him by the Circuit Court was set aside and substituted with a fine of 5000 penalty units (GH¢60,000.00) in default serve 5 years imprisonment in hard labour.
Again, Mr. Ayaba was not satisfied with the ruling of the commercial division of the court, and appealed against the sentence at the Tamale High Court. In its ruling last Friday, the court, presided over by Mr. Justice Antwi, quashed the ruling by the commercial division of the court.
The latest outcome of the case has caused a lot of eyebrows and arguments among private legal practitioners.
Mr. Abdulai Sirta who is a registered small scale miner reported Mr. Patrick Ayaba who is his apprentice to the police in Bole on December 11, 2016 for stealing and selling his sand (gold by-product) at a mining site at Wasepe in the Bole District worth GH¢400,000.00.
The case, which was initially sent to the Bole District Court, was later transferred to the Tamale Circuit Court.
According to documents sighted by Savannahnews, the case was referred to the Attorney General’s Department which adviced that Mr. Ayaba is charged with stealing and arraigned before the Tamale Circuit Court.
The case was called at the Tamale Circuit Court on March 8, 2016 and the accused was granted bail in the sum of GH¢300,000.00 with one surety.