GH - 192046 SGT INUSAH KARIM v. THE REPUBLIC

OWUSU-OFORI,J:

The Appellant herein Sgt. Karim Inusah was convicted and sentenced to dismissal from the Ghana Armed Forces (GAF) by a Court Martial and it is on this conviction and sentence that he is inviting this court to reverse on the grounds contained in the notice of Appeal.

These are the brief facts of the case which resulted in the dismissal of the Appellant from the Ghana Armed Forces (GAF).

BRIEF FACTS OF THE CASE

The facts are that on Wednesday the 22nd day of July 2015, the 37 Military Hospital published in its part one orders serial 93 list of solders who had been allocated accommodation in the various quarters. SNCO’s Block D Room 1 was allocated to S/Sgt. Issifu Razak, when he went to take over his room, the Appellant had already moved into the accommodation when the Appellant was asked to vacate the room he refused and said it was allocated to him by Major Tandoh who insisted he did not remember doing so.

Several orders from the Command Sergeant Major (PW3 during the Court Martial trial) and other soldiers senior to the Appellant failed to yield results. The Command Sergeant Major again ordered him to move out by a stated time and when again he refused he ordered him to be evicted. In the course of undertaking the eviction, the Appellant resisted and in the process bit the left arm of S/Sgt Alandu Emmanuel (PW2 during the Court Martial trial). Investigations were ordered to unravel the circumstances that led to the biting of S/Sgt Alandu. The Appellant was subsequently arraigned for trial summarily for offences flowing from his refusal to vacate the accommodation. The Appellant at the summary trial opted to be tried by a Court Martial.

The Appellant was on the 13th October 2016 convicted by the Court Martial and sentenced to dismissal from the Ghana Armed Forces. The conviction and sentences were subsequently approved by the convening authority pursuant to the Armed Forces Regulations.

The instant appeal is against the Ghana Armed Forces inviting the Court to overturn the decision of the Court Martial convicting the Appellant.

Section 90 of the Armed Forces Act, 1962 (ACT 105) set up the Court Martial Appeal court and confers jurisdiction on it to determine and hear appeal referred to it from the decisions of a Court Martial whether general or disciplinary.

Section 91 of the Act also provides that the Court Martial Appeal Court’s jurisdiction is to determine appeals from the Court Martial in respect of:

a) The legality of a findin

OWUSU-OFORI,J:

These are the brief facts of the case which resulted in the dismissal of the Appellant from the Ghana Armed Forces (GAF).

BRIEF FACTS OF THE CASE

The instant appeal is against the Ghana Armed Forces inviting the Court to overturn the decision of the Court Martial convicting the Appellant.

Section 91 of the Act also provides that the Court Martial Appeal Court’s jurisdiction is to determine appeals from the Court Martial in respect of:

a) The legality of a findin

192046 SGT INUSAH KARIM v. THE REPUBLIC

Areas of Law

JUDGMENT