Legal Notes – Filing Criminal Appeal Out Of Time
Every appeal shall be entered within one month of the date of the order or sentence appealed against. The High Court may for good cause admit an appeal though the period of limitation prescribed has elapsed. Section 325, Act 30
Filing an appeal out of time without an extension of time was no mere irregularity but rather a fatal error which rendered the appeal inadmissible and a good ground for dismissing it since in law there was no appeal pending. Ergo, when the time granted under section 325 (1) of the Criminal Procedure Code, 1960 (Act 30) to appeal had lapsed, a party had prima facie no right to appeal. That right could only be restored by an application brought for that purpose. A convicted person who intended to appeal out of time must consequently first obtain an extension of time within which to do so. It was not proper to seek, as in the instant case, the exercise of the court’s discretion at the hearing of the appeal. Dictum of Osei-Hwere J. (as he then was) in Watara v. The Republic [1974] 2 G.L.R. 24 at 36 criticised. Amoah v. The Rep.[1989-90] 1 GLR 266, Holding 2
An applicant for extension of time to appeal was obliged to demonstrate that in all the circumstances of his case he had acted with much promptitude. In the instant case however, not only did it take the Republic more than three years after the dismissal of its appeal to bring the application but also the Republic did not advance any good reason for its inordinate delay. Furthermore, the Republic failed to demonstrate where the trial tribunal had gone wrong in its findings and conclusion. In the circumstances, no substantial reasons had been advanced by the Republic why the court should extend time for it to appeal some four years after the verdict had been given. Republic v. Eshun & Ano [1999-2000] 1 GLR 324, CA, Per Wood JA
Leave was refused an applicant who sought to appeal out of time against a void judgment. Dissenting opinion by Taylor J.S.C. applied Mosi v. Bagyina. Ababio & Another v. Mensah(No.2)[1989-90] 1 GLR 573
Where an application was made for an order to set aside a void order or judgment, there was no time limit in which the parties affected might apply to set the order or judgment aside. The aggrieved party was in such a situation entitled ex debito justitiae to have the order or judgment set aside and the court was under a legal obligation to set same aside. Mosi v. Bagyina [1963] 1 G.L.R. 337, S.C.[See Holding 4] and Ghassoub v. Dizengoff (W.A.) [1962] 2 G.L.R. 133, S.C. applied. Republic v. High Court, Accra; Ex Parte Darke XII [1992] 2 GLR 688, Holding 1
The decision of the full bench of the Court of Appeal given on 30 July 1969 was given without jurisdiction, and was therefore a nullity. And it could be so declared at any time, once it had been brought to the notice of the Supreme Court by any means whatever. Since time was irrelevant in the exercise of such jurisdiction it did not matter when the Supreme Court became aware of the existence of the void decision. Dictum of Akufo-Addo J.S.C. (as he then was) in Mosi v. Bagyina [1963] 1 G.L.R. 337 at 342, S.C. applied. Penkro & Others v. Kumnipah II [1987-88] 1 GLR 558-571