Constitutional Law Flashcards
(1 cards)
Republic v. High Court, Ex Parte Hon. Kennedy Agyepong:
Facts: MP Kennedy Agyepong was charged with treason and terrorism for allegedly inciting ethnic violence, and the High Court denied him bail due to the gravity of the charges.
Challenge: Agyepong petitioned the Supreme Court, arguing the bail refusal violated his constitutional rights to liberty (Article 14) and a fair trial (Article 19).
Holding 1: The Supreme Court ruled it had supervisory jurisdiction (Article 132) to review the High Court’s bail decision for procedural fairness.
Holding 2: It held that serious charges alone cannot justify automatic bail denial—courts must assess flight risk, evidence, and presumption of innocence (Article 19(2)(c)).
Outcome: The Court quashed the bail refusal and ordered a fresh hearing, reinforcing bail as a constitutional right.
