2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice Anthony Oppong JA authored the Court of Appeal judgment arising from a 1996 incident at a funeral in Boanim where the appellant stabbed Oduro with a screwdriver after a dispute over drinks, leading to Oduro’s death. Tried by judge and jury in the High Court, Kumasi, the appellant was convicted of murder under Section 46 of Act 29 and sentenced to death by hanging. On appeal, the court found serious record lapses: the summing up was missing, portions of the appellant’s testimony were absent, and exhibits were not in the record despite efforts to locate them. Citing Wood CJ’s guidance in John Bonuah v Republic, the court held that the absence of full records violated constitutional fair hearing rights and prevented merits review. It also faulted the trial judge’s unconventional roll call of jurors, potentially involving non‑empaneled jurors. Given the appellant’s lack of blame, impossibility of reconstruction, likely witness unavailability, and 25 years in custody, the court declined retrial and discharged him unconditionally.
ANTHONY OPPONG JA:
The appellant was arraigned before the High Court, Kumasi on a charge of Murder Contrary to Section 46 of Act 29. The trial commenced on 20th day of March, 2002.
The facts leading to the charge of the appellant as contained in the Record of Appeal (ROA) at page 2 and 3 may be rendered thus;
“On or about December 1996, there was a funeral at Boanim. Both the deceased one Oduro and the appellant were in attendance. The sympathizers and other mourners were served with drinks. The remainder of the drinks were handed over to the deceased to be kept in his own room. The appellant who had already been served with some of the drinks attempted to take more of the drinks that had been given to the deceased to keep. The deceased however did not allow the appellant to take more of the drinks which resulted in a quarrel. The two were however separated. The appellant moved away from the scene, returned with screw driver and stabbed the deceased with it. The deceased bled from his mouth and nose, fell down and subsequently died. The appellant was arrested and later charged with the offence of Murder.”
At the trial which was by a judge and jury, the prosecution called five witnesses. The appellant testified and did not call any witness. In the end, the jury returned a verdict of guilty of Murder and the appellant was convicted and sentenced to death by hanging.
Aggrieved by the verdict, the appellant given leave upon an application for leave for extension of time to appeal, mounted the instant appeal.
The grounds of appeal at page 34 of the Record of Appeal (ROA) are as follows;
1. The trial judge erred in law and /or procedure when he continued with the trial of the appellant in the absence of some of the jurors.
2. That the trial judge erred in law/or procedure when he did the summing up in the absence of some of the jurors. Even though there was an indication that additional grounds would be filed upon receipt of the Record of Appeal, no such additional ground has been filed.
At the very outset, we wish to comment on certain serious lapses observable from the Record of Appeal. Whilst there is no record of the summing up of the trial judge to the jury, certain portions of appellant’s testimony are also missing from the record. Then also the exhibits tendered at the trial are also missing from the record.
Both learned lawyers for the appellant and the Republic concede that every effort had been made to trace these missing parts of the Recor