Document #1265853
IRB – Immigration and Refugee Board of Canada (Author)
According to the section of the 1992
Ghanaian constitution on fundamental human rights and freedoms, "No
person who shows that he has been tried by a competent court for a
criminal offence and either convicted or acquitted, shall again be
tried for that offence or for any other criminal offence of which
he could have been convicted at the trial for the offence, except
on the order of a superior court in the course of appeal or review
proceedings relating to the conviction or acquittal" (Kludze May
1993, 45). The exception to this may be when a person is tried for
high treason or treason (Ibid.).
Article six of the 1960 Ghanaian criminal
code states that, for the purpose of this code, the jurisdiction of
the courts of Ghana extends to territorial waters, and Article
seven mentions that "When an act, which if wholly done within the
jurisdiction of the Court, would be an offence against this Code,
is done partly within and partly beyond the jurisdiction, every
person who within the jurisdiction does or abets any part of the
fact may be tried and punished under this Code as if the act had
been done wholly within the jurisdiction" (1988, 25). For
information on offences under more than one enactment, please refer
to Article nine 9, clauses one and two, and for jurisdiction over
and punishment for piracy, please refer to Articles 194 and 195 and
their appropriate clauses (Ibid., 26, 92).
This response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum.
Ghana. The Criminal Code, 1960 (date
of assent 12 January 1961). Accra: Ghana Publishing Corporation
Kludze, A.K.P. May 1993.
"Ghana,"Constitutions of the Countries of the World. Edited
by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY:
Oceana Publications.
Ghana. The Criminal Code. 1960 (date of
assent 12 January 1961). Accra: Ghana Publishing Corporation
Kludze, A.K.P. May 1993.
"Ghana,"Constitutions of the Countries of the World. Edited
by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY:
Oceana Publications.