The new Justices of Appeal, the Supreme court and other legal news

Law on Unnatural Carnal knowledge Constitutional

July 24, 2024 

The Supreme court has upheld the constitutionality of section 104 (1) (b) of the criminal code – the law on unnatural carnal knowledge.  The Plaintiff in the matter contended that the provision on unnatural carnal knowledge offends articles 18 (2) (17 2) and 14 (1) of the Constitution, 1992.

The Plaintiff thus sought for a declaration that the said section/provision be declared unconstitutional. In a unanimous decision, the Supreme court declining the invitation of the plaintiff, upheld the constitutionality of section 104 (1) (b) of the criminal code.

16 Court of appeal Justices Sworn to office

July 23, 2024

President of the Republic, H. E. Nana Akufo Addo, has this afternoon sworn into office some members of the legal community- comprising  nine ( 9) serving Justices of the High Court and seven ( 7 ) private legal practitioners- as Justices of the Court of Appeal.

This follows their nominations by the President, and subsequent consideration of the Judicial Council in line with his Constitutional duty mandated under Article 144(3) of the Constitution, 1992. 

They include Charles Zwennes, Mariam Agyeman Gyasi, legal practitioner, Law Lecturer Dr Poku Adusei, High Court Justices Gifty Dekyem, Alexander Osei Tutu; and Yaw Oppong (Director of Legal Education).

Kenya High Court Rules it has jurisdiction to preside over crimes against humanity.

26^th July, 2024.

The Kenyan High Court has ruled that, 11 police officers have a case to answer regarding the death of Samantha Pando and other victims of the 2017 election violence. The officers are facing 47 charges of crimes against humanity, including murder, torture and rape.  The incident occurred in 2017, when Samantha Pendo lost her life during a brutal crackdown on protestors.

Their argument that the Judge, Kanyi Kimondo lacked jurisdiction to handle the charges under international crimes Act was summarily dismissed.

Court Convict 125 Boko Haram Terrorist and Financiers in Mass Trial

27^th July, 2024

The federal high court presided by Justice Binta Nyako convicted 125 Boko Haram terrorists and financiers in a mass trial held in Kainji, Niger State. The convicts were tried on charges bordering on terrorism, terrorism financing, rending material support. and offences relating to international crimes.

The prosecution was led by the director of public prosecution of the federation, Mohammed Babadoko Abubakar, while the defense team was led by Mr. Abdulfatai from the legal aids council. The courts convicted 85 persons for terrorism financing, 22 for ICC related crimes while others were convicted for terrorism.