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ANTHONY ASOMANI @ ANTHONY AWUAH VS THE REPUBLIC

2024

SUPREME COURT

GHANA

CORAM

  • PWAMANG JSC (PRESIDING)
  • PROF. MENSA-BONSU (MRS.) JSC
  • KULENDI JSC
  • ACKAH-YENSU (MS.) JSC
  • DARKO ASARE JSC

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

The Supreme Court of Ghana, per Prof. H. J. A. N. Mensa-Bonsu JSC, heard an appeal by a fetish priest from Sefwi Asafo convicted of conspiracy to commit murder and murder following the disappearance and killing of ten-year-old Emmanuel Kwasi Mensah Essah. Emmanuel sold corn dough to the appellant on credit and was last seen on the appellant’s verandah insisting on payment. A community search uncovered idols sprinkled with fresh human blood, a concealed pit covered by rags containing Emmanuel’s nearly decapitated body, and a blood-stained knife on the appellant’s premises. The High Court convicted the appellant; the Court of Appeal affirmed, finding the circumstantial evidence led to one irresistible conclusion. Before the Supreme Court, the appellant challenged reliance on cautioned police statements and circumstantial evidence, and argued the trial judge should have ruled on a no-case submission without counsel’s motion. The Supreme Court held that section 271 imposes a duty on the judge to assess no-case even without defence submissions; cautioned statements form part of 'all the evidence' under section 11(2); circumstantial evidence can suffice; and no miscarriage of justice occurred. The appeal was dismissed and the Court of Appeal’s judgment affirmed.

JUDGMENT