ADJEI AND ANOTHER v. THE REPUBLIC

Apaloo J.A., writing for a three-judge Court of Appeal, reviewed convictions arising from a clandestine abortion in Kumasi. Akosua Nyarko’s eighteen-year-old niece, schoolgirl Cecilia Kodom, suffered an incomplete abortion and was treated by Dr. Appiah at St. Mary’s Hospital, who opined that a uterine tear indicated interference by a sharp instrument. Cecilia identified a Bantama resident working at the Central Hospital blood laboratory (the second appellant) as the operator; he admitted his role to Mr. Adomako and the police, citing a request from soldier Prince. Nyarko confronted the first appellant, who “begged” and accompanied her to see Cecilia. At trial, Cecilia recanted and was treated as hostile. On appeal, counsel for the second appellant conceded an overwhelming case but sought a retrial; the Court refused. For the first appellant, arguments about equivocal begging, Prince’s acquittal, and divergence from unanimous assessors were rejected. The Court distinguished R v Djomoh, affirmed that admissions bind only their makers, validated the trial judge’s reasoning under Kotey v The Republic and section 287(2) of Act 30, and dismissed both appeals.