KUMA NUDZITOR v. THE REPUBLIC

ADJEI,JA:

The Appellant who is self-represented in this appeal was convicted by the High Court, Ho on 29th July, 2009 for murder. The Appellant dissatisfied with his conviction applied to this Court for extension of time to appeal against his conviction. This Court on 27th July,2016 granted leave to the appellant to appeal against same. This Court on 27th July, 2016 granted leave to the appellant to appeal against his conviction out of time. Pursuant to the leave granted, the appellant filed his notice of appeal to this Court on 17th August,2016. The appellant in his notice of appeal filed seven grounds of appeal. They are as follows:

“1. The judgment is not supported by the weight of evidence adduced at the trial because the Appellant’s plea of self defence was completely ignored by the trial Judge.

2. Your humble Appellant had endured previous attacks and provocations by the deceased without trying to fight back because they were not life threatening, so he only reported those cases to the police.

3. The attack on the Appellant on the 16th May,2002 was not only extremely provocative but also life threatening; and the appellant was compelled to strike back, not with the intention to kill his attacker, but in self defence to protect his life.

4. The trial Judge misdirected the jury in his summing up by wrongly inputting that the appellant killed the deceased simply because he (deceased ) had kicked down his table in anger.

5. The learned trial Judge overly leaned on the evidence of PW1 (Victor Nyagah) who claimed to be a close friend of the deceased, to the neglect of the evidence of PW1 and of the accused person.

6. The fact that the deceased, Samuel Dorgbefu died as a result of harm caused by the appellant is not a matter of contention, however, he acted when he realized his life was in danger- in line with Section 37 of Act 29/60.

7. The appellant has impaired vision as a result of a chemical substance poured into his eyes by the brother of the deceased when he was being arrested”.

The facts of the case presented before the trial High Court by the prosecution were that the accused is the son of one James Lucky Nudzitor. The deceased was one Samuel Dorgbefu a 23 year old young man. In about 1979 one Senyo Dorgebu the father of deceased acquired a piece of building plot at Zion School area Ho. He entrusted it into the mother of the accused. Later the mother of the accused released a portion of the plot to the accused to put a building on. I