GH - MUSTAPHA IDDRISU v. THE REPUBLIC

MERLEY WOOD (MRS), JA

This is an appeal against the conviction and sentence by the High Court, Accra. The Appellant herein was on 31st January 2019 convicted of the offence of causing harm contrary to section 69 of the Criminal Offences Act, 1960, (Act 29) and sentenced to five years imprisonment with hard labour and ordered to pay compensation of Ten Thousand Ghana Cedis (GHȼ10,000.00) to the victim Ayitey Adjin Okaija. Being aggrieved by and dissatisfied with the said conviction and sentence, the Appellant herein has appealed to this Court.

The facts leading to this case are as follows:

The complainant Obuama Addy and the victim Ayitey Okaidja lived at Bukom, Sakumo Amartse We. They were assigned the task by the said Amatse We family to visit the land they owned around Adjangote near Kwabenya to ensure that encroachers did not take over the land. On 11th November 2013, when the two went to the site, they met some people working on a portion of the land and in an attempt to enquire from them how and from whom they acquired the land they were confronted by the 1st Accused person Mustapha Iddrisu, 2nd Accused person Baabwa Yaro and 3rd accused person Ahmed Dawood as well as others at large who claimed to have been authorized by the 4th Accused Person Rebecca Adjekai Mensah to protect the land. A misunderstanding ensued between the two parties and when the victim attempted to make a phone call, the Appellant with a sharp cutlass attacked the victim and cut off his left hand at the wrist. The complainant rushed the victim to the Ghana Atomic Energy Commission Clinic and subsequently lodged a complaint at the police station after which he accompanied the police to the crime scene and recovered the severed hand. The victim was subsequently referred to the Korle Bu Teaching Hospital where he was admitted for treatment but the severed hand could not be re-attached.

After investigations, the Appellant and the aforementioned three others were charged with the offence of abetment to commit crime namely forcible entry contrary to sections 20(1) and 202 A (1) of the Criminal Offences Act 1969, (Act 29) for Count 1 while the Appellant alone was charged with a second offence of causing harm contrary to section 69 of the Criminal Offences Act 1960 (Act 29). The second accused person did not appear to stand trial and so he was tried in absentia. At the end of the prosecution’s case, the trial judge suo motu discharged all the accused persons on Count One while the App

MERLEY WOOD (MRS), JA

The facts leading to this case are as follows:

MUSTAPHA IDDRISU v. THE REPUBLIC

Areas of Law

JUDGMENT