ALHAJI YUSIF ALHASSAN @ OBOLO v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
Areas of Law
- Criminal Law and Procedure
2016
COURT OF APPEAL
GHANA
AI Generated Summary
The appellant was charged with murder but later pled guilty to manslaughter following a plea bargain. An initial trial was disrupted, necessitating a second trial. After a lengthy trial history, the appellant was sentenced to 30 years, later reduced to 12 upon appeal. The appeal centered on questions about the legality of counsel pleading on behalf of the appellant and the excessiveness of the sentence. The judgment held the plea bargaining process as lawful but procedurally irregular, yet concluded no miscarriage of justice occurred due to these irregularities. The court also found the original sentence excessive given the circumstances and reduced it.
JUDGEMENT
AYEBI, (J. A.):
1. In this case, the appellant was charged with one count of murder contrary to Section 46 of the Criminal and Other Offences Act, 1960 (Act 29) as amended. He originally pleaded not guilty to the charge. But the principal issue raised in the appeal is whether or not in plea bargaining, the plea of the accused should be taken on the original charge for him to plead not guilty but guilty to a lesser offence not charged and whether or not the plea of guilty to the lesser charge in a statement by counsel for the accused rather than the accused himself is wrong in law and has occasioned a substantial miscarriage of justice to the accused.
2. The case itself has a history which in my view justifies the popular saying that justice delayed especially the trial court is justice denied. The Attorney in his written submission revealed that the appellant, one of his wives and two other young men were arrested and indicted for conspiracy to commit murder, attempted murder and murder in 2007. Before the trial commenced, one of the two young men fell sick in prison and later died while on bail.
3. The trial itself started in Sunyani High Court in 2008. The accused were represented by counsel. At the close of prosecution’s case, the wife of the appellant and the other young man were acquitted and discharged. The appellant put in a defence and closed his case. Submissions were made to the jury on behalf of the State and the appellant in 2011.
4. The trial Judge adjourned the summing up to a month later. But for over one year, the trial Judge failed to do the summing up until two of the jurors died. This necessitated a new jury to be empaneled and the trial started afresh before a different Judge in 2013.
5. When the charge of murder was read and explained to the appellant, he pleaded not guilty. After the presentation of the facts of the case, the court asked counsel for the appellant if he had anything to say. I quote verbatim what transpired between the bench and bar at page 21 of the record:
“By Court: Counsel for accused person, have you anything to say?
Counsel for My Lord, we have had some years in court accused: in respect of this case and we want to plead on the charge leveled against him. We would want to plead guilty to manslaughter. In fact we have been in court for 6 years.
By Court: Have the prosecution anything to say about the plea?
Prosecution: My Lord, we have nothing to say, we are agreeable to the plea.
By Court