ENNIN v. THE REPUBLIC

JUDGMENT OF APALOO J. A.

Apaloo J. A. delivered the judgment of the court. On 30 April 1974, the appellant was convicted by the High Court presided over by Azu Crabbe C.J. sitting with a jury of the murder of his wife Stella Appah and was sentenced to death. The appellant is a young man in his early twenties. He has some talent for music. Some time in 1971, his musical talent was noticed by a Mr. P.S.K. Ampadu. The latter is the leader of a band called the African Brothers International Band. He is married to a lady by the name of Paulina Ampadu. The band leader employed the appellant as a vocalist in his band and in time, he became a drummer.

The evidence shows that Ampadu took a liking to the appellant and in addition to giving him employment, accommodated him in his own house. It seems that while living with his employer, the appellant met and fell in love with Mrs. Ampadu's younger sister Stella. She was in 1972 aged 17 years and had only just left school. Stella seemed to have reciprocated the appellant's attentions and both were desirous of getting married. The appellant made his intentions known to Stella's father, a Mr. E.K. Appah and asked for her hand in marriage. He was unwilling, presumably because Stella was much too young and also because Stella had told him she wanted to further her education. As his mind misgave him about the wisdom of the marriage, he temporised and said he would think it over.

In view of the cruel fate that befell Stella a year afterwards, and judging by hindsight, Mr. Appah's initial reluctance was right and he should have denied his consent to the marriage. Although Stella was herself interested in the union, the evidence as a whole shows that she would not have turned against her father's wishes on this issue. The appellant's employer, Mr. Ampadu, however spoke out for the appellant and assured Stella's father of the appellant's suitability as a prospective son-in-law. The appellant himself said Mr. Ampadu "guaranteed the marriage." He, in course of time, withdrew his "guarantee" and the sequel of it is the sad story of Stella's end.

Some time in 1973, there were some monetary differences between Ampadu and the appellant. The appellant himself said he defrauded his master. The latter reacted to this quite firmly. Not only did he dispense with the appellant's services, but he gave him in custody to the police. Ampadu also went to Stella's father and withdrew any further support of the union between the appellant and