The High Court presided over by Justice F.A. Achibonga, has overturned the ruling and granting of bail to Paulo Djibi, Nadine Pereira, Mamadu Neto Djibi, and Secuna Jabi in the case of 15 counts of drug-related charges, money laundering, and combated crime.
The case initially began in the Kanifing Magistrate Court before Principal Magistrate Jabang, where the accused pleaded not guilty to the 15 charges drug and drug-related charges, money laundering, and dominated crime. The prosecution then applied for the case to be transferred to the High Court, arguing that money laundering cases can only be tried there.
Senior Counsel Lamin S. Camara and Sheriffo Tambedou opposed the prosecution’s application, contending that the magistrate court had the jurisdiction to hear the case. They also applied for bail on behalf of the accused. On September 14, 2023, the Principal Magistrate ruled in favor of the accused and granted them bail.
Unsatisfied with the magistrate court’s ruling, the state (appellant) filed an appeal on September 15, 2023, asserting that the Principal Magistrate erred in asserting jurisdiction over money laundering offenses and granting bail to the accused. The state argued that the offenses in question fell outside the jurisdiction of the Magistrates Court, citing section 2 of the Anti-Money Laundering and Combating of Terrorist Financing Act, 2012. They claimed that only the High Court had the authority to interpret and enforce this act.
The state also argued that the accused, being foreign nationals, posed a flight risk, and the bail granted was insufficient to ensure their presence during proceedings. Written addresses and briefs of appeal were filed by both the state and the accused’s counsel, and the court adopted the submissions.
In the judgment, Justice F.A. Achibonga considered the jurisdiction of the court and referred to Halsbury’s Laws of England, which defines jurisdiction as the authority granted to a court to decide matters and imposes limits determined by statutes, charters, or commissions. Citing the Ghana Supreme Court case of Ghana Football Association v. Apaade Lodge Ltd (2009), the Judge emphasized that a court cannot confer jurisdiction upon itself if not granted by the relevant statutes or laws.
“Jurisdiction in its accepted connotation is often defined as the authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision, the limits of this authority are imposed by statute charter, or commission under which the court is constituted, and may be extended or restricted by a like means”
The Judge then determined that, according to sections 2 and 24 of the Money Laundering and Combat Act, the High Court retains exclusive original jurisdiction to try offenses under the Act. Furthermore, the Judge pointed out that section 88(4) of the Act enables the High Court to exercise additional powers, including imposing a ban on persons convicted under the Act. Therefore, it was concluded that the Principal Magistrate lacked the jurisdiction to try offenses under the Anti-Money Laundering and Combating of Terrorist Financing Act.
Regarding the granting of bail, the Judge emphasized that a court can only grant bail after assuming jurisdiction over a case. Since the Principal Magistrate lacked jurisdiction, the bail granted to the accused was deemed invalid. The Judge clarified that there is no separate bail jurisdiction, and the granting of bail is tied to the jurisdiction of the court to hear the case. As a result, the Principal Magistrate erred in granting bail.
Lastly, the Judge stated that since the Principal Magistrate lacked jurisdiction to hear the case and grant bail, the issue of whether the Principal Magistrate exercised his discretion properly in admitting the accused to bail became moot and its determination would only amount to the court engagement in a mere academic exercise, which he does not intend to do.
Therefore, the Judge set aside the ruling of the Kanifing Magistrate Court, which assumed jurisdiction and granted bail to the accused on September 14, 2023.
By: Kexx Sanneh
