KWASI GYAN v. THE REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- CECILIA SOWAH, J.A. (PRESIDING)
- ANTHONY OPPONG, J.A.
- ANGELINA MENSAH-HOMIAH,J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision arises from a jury conviction for murder following turmoil in Pankese rooted in a chieftaincy dispute between Nana Yaa Asantewah and Nana Mireku Missah IV. The appellant, aligned with the queen mother’s faction, held Kwaku Fokuo and a companion at gunpoint in a kiosk around 4:00 am on 24 October 1994 during wake-keeping. When Fokuo exited and attempted to flee, the appellant shot him in the thigh; he sought refuge in PW1’s room and died from blood loss. Ballistic and medical evidence linked pellets to the appellant’s weapon. On appeal, the appellant alleged misdirection by non-direction, evidentiary contradictions, and inadequate instructions on manslaughter and intent. The court held PW2 and PW3’s accounts complementary, reiterated that only material conflicts require jury direction, found the summing-up fair and inclusive of manslaughter guidance, and, under Courts Act section 31(2), dismissed the appeal, affirming the conviction and sentence.
J U D G M E N T
ANTHONY OPPONG J.A.
The appellant was convicted of the murder of one Kwaku Fokuo and accordingly, as required by law, he was sentenced to death by the High Court, Koforidua on the 8th of July 1998. By an application filed by the appellant, this Court extended the time within which the appellant could file an appeal. Consequently, the appellant filed Notice of Appeal pursuant to the leave of the Court and the said Notice of Appeal was subsequently amended by leave of the Court and filed on 11th June 2020. By the Amended Notice of Appeal, the appellant is praying the Court to set aside the conviction and sentence.
The appeal is based on three main grounds, namely:
(a) That the trial judge erred on the facts during the summing up to the jurors and this has occasioned substantial miscarriage of justice;
(b) That the evidence on record does not support the conviction and sentence of the appellant and
(c) That the trial judge erred in law when he failed to properly direct the jury on the offence of manslaughter and also on the intent of the accused person.
Before considering the appeal in terms of the grounds stated above, it will not be out of place to state briefly the facts of the case as gleaned from the record.
There was seemingly chieftaincy strife at Pankese between the queen mother Nana Yaa Asantewah on one hand and the chief, Nana Mireku Missah IV on the other hand. As would be expected, each of them had supporters who saw the other as an enemy. As a consequence, the peace at Pankese was deeply disturbed; there were indeed disturbances that threatened life and property culminating in the death of the Akwamuhene of the area.
The deceased, Kwaku Fokuo, appears to be supporter of one Nana Mireku Missah IV faction whilst the appellant appears to belong to the queen mother faction. Of course, in this circumstance, there was certainly bad blood between the two. Besides, from the account of the appellant, Kwaku Fokuo befriended his (appellant’s) sister and he hated that relationship and so the appellant warned her sister to stop that relationship and when the sister would not bulge he kept on harassing her and even at one time beat her up to persuade her to break the relationship with the deceased. The deceased took strong exception to appellant’s attitude to the matter and hated appellant the more. There was also one occasion where the deceased molested the mother of appellant, according to appellant’s own unsworn statement to the pol