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.
Chief Justice |
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.
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