A person convicted by a trial court in Ghana begins serving the sentence immediately unless a higher court intervenes, meaning an appeal alone does not suspend the punishment.

If Chairman Wontumi intends to challenge his conviction while remaining out of custody, his legal team must not only file an appeal but also apply separately for bail pending appeal.

Under Ghanaian law, once a trial court delivers a conviction and imposes a sentence, the judgment takes immediate effect. The convicted person becomes liable to be taken into lawful custody to begin serving the sentence.

At that stage, the trial court has exhausted its jurisdiction over the case and cannot revisit, alter or reverse either the conviction or the sentence. The next legal option available to the defence is to challenge the decision through an appeal.

Section 11(6) of the Courts Act, 1993 (Act 459), requires a person convicted in a criminal case to file a Notice of Appeal within one month, or 30 days, from the date of the judgment.

In Chairman Wontumi’s case, this means he has until 20th August to file the appeal without first seeking the court’s permission. If that deadline passes, he would have to apply for an extension of time before the appeal can proceed.

However, filing a Notice of Appeal does not automatically halt the execution of the sentence.

To remain at liberty while the appeal is being determined, the defence must file a separate application for bail pending appeal under Section 33 of the Courts Act, 1993 (Act 459).

Unlike bail before conviction, bail pending appeal is not a constitutional right. It is granted only at the discretion of the court.

The principles governing such applications were set out in Fynn & Another v Republic (1971). An applicant must satisfy the court that the appeal raises substantial or arguable grounds and is not frivolous, that there are special or exceptional circumstances warranting bail, that there is a likelihood of undue delay in hearing the appeal which could result in serving a significant part or all of the sentence before the appeal is decided, and that the interests of justice support the grant of bail, including the likelihood that the applicant will surrender to serve the sentence if the appeal ultimately fails.

The legal process is expected to continue as Chairman Wontumi’s lawyers consider the next steps in challenging the conviction. While an appeal remains available, the outcome of any application for bail pending appeal will depend on the court’s assessment of the legal requirements set out under Ghanaian law.

Source: MetroTV