The Divisional Court has upheld an order dismissing Ghana’s request for extradition. Three Raymond Buildings’ James Lewis QC represented the government of Ghana. Rachel Barnes was junior counsel for Mr Gambrah.
Mr Gambrah’s extradition was sought for an offence of murder carrying the mandatory death penalty.
The court held that although there was no real risk of execution, extradition would amount to a breach of Gambrah’s rights under article 3 of the European Convention on Human Rights (ECHR), and so his extradition is barred by section 87 of the Extradition Act 2003, since he would be held under sentence of death for many years with only a possibility of a presidential pardon.