As is clearly evident from Section 34(1) of Act 792, the legislature intended, and did expressed clearly, that the repeal of an enactment may not lead to the automatic cessation of the enactment if any of the conditions afore-referred to under Section 34(1) of Act 792 is present. In simple terms, per the facts at hand, there is an ongoing prosecution of the Appellant, albeit under the repealed enactment. Since the prosecution had already commenced; same does not become unlawful to continue in the absence of a legislative proscription by the repealing legislation. Further, the continuance of the prosecution will not defeat the constitutional prohibition against the non-existence of a written penal law defining a specific offence for which an accused stands trial as per Article 19(11) of the 1992 Constitution.
THE REPUBLIC VS. EDMUND ADDO CIVIL MOTION NO.J7A/02/2023 [2024] SLR (SC) 1 · Supreme Court · 2024 · AMADU JSC
Read it in the judgment