The Court of Appeal in Kumasi has dismissed an appeal by Abdul Yussif Ganiyu, popularly known as Shola, and confirmed that the Asokwa District Court has jurisdiction to hear an application seeking to enforce a good behaviour bond against the Zuriah FM broadcaster.
The unanimous ruling upholds an earlier decision by the High Court and allows the Asokwa District Court to continue hearing the prosecution’s application.
The three-member Court of Appeal panel was chaired by Justice Kwamina Baiden. Justice Dr. Poku Adusei delivered the lead judgment, with Justice Abature completing the panel.
The court rejected Shola’s argument that the District Court had acted outside its authority or had improperly assumed jurisdiction when it considered the prosecution’s application.
The case follows Shola’s conviction by the Asokwa District Court on 2 December 2021 for offensive conduct conducive to the breach of the peace, an offence under Section 207 of the Criminal and Other Offences Act, 1960 (Act 29).
He was fined 500 penalty units, with a three-month prison sentence to be served if he failed to pay. The court also ordered him to enter into a bond to be of good behaviour. Shola complied with that order after paying the fine.
According to the court, the prosecution later alleged that he had engaged in further conduct likely to cause a breach of the peace while the bond was still in force.
Rather than bringing a fresh criminal charge, the Attorney General relied on Section 299(2) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30). An application was then made to the Asokwa District Court to enforce the bond by imposing a custodial sentence.
Shola disputed the procedure, arguing that any new allegation should have been presented through a fresh charge sheet. He also claimed that the District Court had become functus officio meaning it no longer had authority to deal with the matter after the original criminal proceedings had ended.
The District Court rejected his objection. Shola subsequently applied to the High Court for judicial review through orders of certiorari and prohibition.
The High Court ruled that the District Court had acted within its jurisdiction. It also held that any dispute over the interpretation of the relevant law should be dealt with through the ordinary appellate process, rather than by judicial review.
Shola then appealed to the Court of Appeal in Kumasi.
Delivering the appellate court’s judgment, Justice Dr. Adusei said the District Court’s criminal jurisdiction was granted by statute and did not depend on the particular statutory provisions cited by the parties in their applications.
The court found that even if the prosecution had relied on the wrong legal provision, that error alone would not remove the District Court’s jurisdiction.
It further said issues concerning the interpretation or application of legislation were legal questions to be resolved during the proceedings or through an appeal. Such questions did not automatically make the proceedings invalid.
The panel also dismissed Shola’s claim that the District Court had wrongfully assumed jurisdiction. It stressed that a court is entitled to decide, as a preliminary matter, whether it has the authority to hear a case.
The Court of Appeal consequently affirmed the High Court’s decision and dismissed Shola’s appeal. The ruling clears the way for the Asokwa District Court to proceed with the application to enforce the bond against the Zuriah FM broadcaster.
