LAC NANYON & ANOTHER v. THE REPUBLIC
June 24, 2022
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, JA (PRESIDING)
- J. BARTELS-KODWO (MRS.), JA
- S. R. BERNASKO ESSAH (MRS.), JA
Areas of Law
- Criminal Law and Procedure
June 24, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
A panel of the Court of Appeal, presided over by V. D. Ofoe, with J. Bartels-Kodwo and S. R. Bernasko Essah concurring, reviewed a sentencing appeal arising from communal violence in northern Ghana. Police and military personnel deployed to Chereponi and surrounding areas due to renewed Kokomba–Chokosi clashes found the accused leaving a burning house in Yeteli near Yendi, carrying multiple firearms and ammunition. They were arrested, charged under Section 11(1)(a) of the Arms and Ammunition Act (NRCD 9), pleaded guilty, and were sentenced at the Tamale High Court by Justice Richard M. Kogyapwah to five years on each count concurrently. On appeal, counsel argued the sentences were harsh given their ages and first-offender status, and that mitigation was not permitted. Citing authorities including Abu v. Republic and Frimpong alias Iboman, the appellate court held sentencing discretion lies with the trial judge and affirmed the deterrent rationale rooted in significant public security concerns, dismissing the appeal as frivolous.
V. D. OFOE
The Appellants were arrested on the 21st day of May, 2019 and arraigned before the High Court, Tamale, on the 23rd day of May 2019, before His Lordship Justice Richard M. Kogyapwah charged with two counts each of possessing firearms without lawful excuse contrary to Section 11(1)(a) of Arms and Ammunitions Act, 1972 (NRCD 9) and possessing ammunition without lawful excuse contrary to Section 11(1)(a) of the Arms and Ammunition Act, 1972 (NRCD 9) respectively.
The facts of the case are that the complainants in this case are police and military officers currently on operational duties at Chereponi and its surrounding areas. The complainants have been deployed to their operational areas owing to renewed clashes between the Kokombas and Chokosis which has led to loss of several lives.
On the 21st of May 2019about 7.30am, the complainants were on patrol when their attention was drawn to the fact that a house has been set ablaze at a Yendi village called Yeteli. When the complainant got to the scene they found the accused persons leaving the scene wielding guns and ammunitions. The accused persons were therefore arrested and a search on them revealed nine single barrel guns, one pump action gun, five empty cartridges, 56 live cartridges on them. Each one of them had a weapon and some even had two weapons. In addition to the weapons they were holding, A2 had in his possession 15 ammunitions, A1 had in his possession 10 ammunitions and A5 had in his possession 18 live ammunitions.
After investigations they were charged before the trial High Court where they pleaded guilty simpliciter and were sentence to 5 years on each of the counts to run concurrently.
It is against this sentence that they have filed the following grounds of appeal praying for a review lower of their sentence.
“1. The sentence of five (5) years is harsh considering that appellants are first time offenders.
2. Appellants were not offered an opportunity to plead for mitigation of the sentence by the learned trial judge.
3. The learned trial judge failed to consider the youthful ages of the appellants”
In passing sentence the trial judge stated amongst others, found at page 7:
“In passing sentence on them, I take into consideration the fact that these ethnic conflicts are sapping the human resources of the areas, villages or towns near the conflict zone. This has also resorted (sic) to loss of lives, and property as has been indicated in the facts of the case. I wish to menti