KWEKU ATTAH v. THE REPUBLIC
2022
SUPREME COURT
GHANA
CORAM
- DOTSE JSC (PRESIDING)
- DORDZIE (MRS.) JSC
- PROF. KOTEY JSC
- LOVELACE-JOHNSON (MS.) JSC
- PROF. MENSA-BONSU JSC
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court appeal concerns a fatal acid attack arising from a turbulent marriage between a taxi driver and his wife, Akua Praba alias Sekina, in Nkanfoa near Cape Coast. After failed reconciliation attempts and earlier violence, the wife was splashed with acid while sleeping with her children, who also suffered burns. The appellant’s caution statement (Exhibit D) admitted throwing acid to “teach her a lesson,” and circumstantial evidence—including a plastic container matching his description and acid burns on his hands—corroborated the confession. He later denied the statement and claimed alibi without statutory notice. Convicted of murder and sentenced to death, his appeal to the Court of Appeal was dismissed. Before the Supreme Court, he challenged the confession’s admissibility for lack of an independent witness and argued evidentiary insufficiency. The Court held the confession properly admitted, found no miscarriage of justice, noted corroboration, rejected the alibi contention, and unanimously dismissed the appeal, affirming the conviction.
PROF. MENSA-BONSU (MRS.) JSC:-
This case arose out of a marital dispute that tragically ended up in violence, leaving one party dead, and the other awaiting capital punishment in prison. When a marriage which supposedly began with love ends with such vicious acts by one party against the other, then one is compelled to see the wisdom in the words the English poet Percy Bysshe Shelley who wrote, that there are,
“links of the great chain of things,
To every thought within the mind of man
Sway and drag heavily, each one reels
Under the load towards the pit of death: Abandoned hope, and love that turns to hate:
And self-contempt, bitterer to drink than blood”
An unhealthy thought began with “love that turns to hate” in a husband, and birthed a chain of events aimed at blocking any future opportunity of the wife to start another relationship and another life. The result was this tragedy which now forms the basis of this appeal.
Background and Facts:
The appellant, a taxi driver, was married to one Akua Praba alias Sekina (now deceased). The couple lived at Nkanfoa near Cape Coast in the Central Region. They had one child, a three-year-old, between them whilst appellant had an older child as well.
On 5thFebruary, 2006, the appellant returned home from work at about 12.30am, having left for work the previous day. On account of this, the couple, who seemed to have a turbulent relationship already, began a bitter quarrel. This misunderstanding persisted for some days and so the wife, now deceased, left the matrimonial home to return to her mother’s home at Assin Ngresi also in the Central Region. The appellant later went to the house of the in-laws and succeeded in bringing his wife back home, although the woman was reluctant to return. Her main complaint was that the appellant constantly abused her, and that on one occasion when they fought, he even stripped her stark naked in public.
Following upon her return, the appellant left for work the next day and returned to find that his wife had again left the house, this time leaving their only child behind. His enquiries showed that his wife had gone to her hometown at Assin Nsowyamuin the Central Region. After two days of hearing nothing from the wife, appellant followed up to Assin Nsowyamu in his taxi cab and met the wife at her father’s house. After some discussion, the father and his relations helped to resolve the issue and so the appellant was advised to return to Cape Coast and that his wife would f