Mustapha Iddrisu, has filed an appeal at the Court of Appeal against the judgment of the High Court in which he was sentenced to five years for causing harm.<\/p>\n\n\n\n
The appeal was however determined by the Court of Appeal, two days after Iddrisu had finished serving his sentence and had been released from prison.<\/p>\n\n\n\n
A three-member panel of the Court of Appeal, in its judgment, enhanced Iddrisu\u2019s sentence by a further five years, making it 10 years.<\/p>\n\n\n\n
Per law, an appeal\u2019s court when determining an appeal, can either reduce or enhance a sentence, or acquit a convict if it finds him or her not guilty.<\/p>\n\n\n\n
Supervisory jurisdiction<\/strong><\/p>\n\n\n\n Iddrisu has invoked the supervisory jurisdiction of the Supreme Court with a certiorari application, asking the apex court to quash the decision of the Court of Appeal on the basis that it is a nullity and a miscarriage of justice.<\/p>\n\n\n\n The application is before a five-member panel of the Supreme Court, presided over by the Chief Justice, Justice Kwasi Anin Yeboah, with Justices Gabriel Pwamang, Nene Amegatcher, Gertrude Torkornoo and Prof. Henreitta Mensa Bonsu as members.<\/p>\n\n\n\n Grounds<\/strong><\/p>\n\n\n\n Iddrisu is of the contention that his appeal was moot and, therefore, the Court of Appeal was wrong in law to have enhanced his sentence.<\/p>\n\n\n\n \u201cThe Court of Appeal wrongly exercised jurisdiction when it delivered judgment on an appeal that had become moot as there was no appeal pending at the time the court delivered the judgment, because the applicant had fully executed the sentence imposed on him by the High Court,\u201d he argued.<\/p>\n\n\n\n Again, Iddrisu is making a case that at the time the Court of Appeal made its decision, there was no sentence for the court to either reduce or enhance since he had fully served the five years sentence imposed on him by the High Court.<\/p>\n\n\n\n \u201cThis has occasioned a substantial miscarriage of justice against the applicant,\u201d the certiorari application said.<\/p>\n\n\n\n