The right to appeal, the duty to obey court orders, and the legal questions surrounding absconding after conviction

Introduction Recent public debate surrounding the case of a convicted person who absconded from Ghana, was tried and convicted in absentia, initiated an appeal while outside the jurisdiction, was later returned through extradition, and eventually succeeded on appeal has raised important questions about the relationship between the right of appeal and the obligation to obey court orders.

Others ask whether a person who remained outside the jurisdiction after conviction, and only returned through extradition, should have been permitted to pursue an appeal without first addressing the consequences of failing to comply with a subsisting court order.

Any reform must protect two important values: First, no person should be denied the constitutional right to challenge a wrongful conviction.