November 1, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This Ghana High Court jury trial concerned seven members of the Ebubonko community accused of conspiracy to commit murder and murder of Kofi Kakraba during heightened tensions following a Supreme Court ruling in a land and chieftaincy dispute between the Kootwea-Mansa family led by Ebusuapanyin Kobina Atta and the opposing faction led by Ebusuapanyin Mallam Mumuni Ekow Effi. The prosecution asserted that the first accused mobilized the others and the deceased was beaten at the Ebubonko M/A School with implements including a hoe, leading to fatal head injuries documented by pathologist Dr. Patrick Kofi Akakpo. PW1, PW2, and PW3, who were related to the deceased, gave eyewitness accounts and a claimed dying identification. The defence, supported by Nana Kweku Eduakwa III, advanced alibi evidence placing most accused at the chief’s house. After initial non-unanimous deliberations, the jury returned unanimous verdicts of not guilty on conspiracy and on murder, and the judge acquitted and discharged all accused.
Ladies and Gentlemen of the Jury, the above named accused persons have been
arraigned before this court each charged with one count of the following offences:
1. Conspiracy to Commit Crime to wit: Murder contrary to section 23(1) and
section 46 of the Criminal Offences Act, 1960 (Act 29); and
2. Murder contrary to section 46 of Act 29.
The basis for these charges are that they are alleged to have each contributed to
intentionally causing the death of young male by name Kofi Kakraba at Ebubonko in
the Central Region of the Republic. You have diligently sat through the trial and
listened to the evidence led by the prosecution and the defence. You have also heard
the closing submissions of the state attorney and defence counsel. You are now
about to retire to deliberate on the matter. Before you do so however it is my duty to
sum up the evidence and direct you on the applicable laws in this case.
Duty of the Jury
Ladies and Gentlemen of the Jury, please note that you are bound to accept my
directions on the law and apply them to the evidence. This is a very important point
you must apply yourselves to. In relation to how you evaluate the evidence in
arriving at findings of fact, you alone are the sole judges and therefore you are free
to make your own independent decisions. You must however ground your decision
on the evidence presented to you by both sides in the courtroom only on not those
you have heard or read outside the borders of this courtroom. You are also
reminded of your oath and accordingly directed to arrive at your decision after a
rational and fair consideration of all the evidence. You are further directed to purge
yourselves from any passion, empathy, sympathy, or prejudice either against or for
the accused, the victim or anyone connected or interested in the case. Your duty
therefore as jurors is to assess the evidence impartially and independently.
Verdict
Members of the jury, the law provides that the verdict you return must be
unanimous in order for the accused person to be either convicted or acquitted.
Therefore you must either return a unanimous verdict of guilty or not guilty for
conspiracy and murder. You are at liberty to also return a verdict of manslaughter if
you believe that same is the appropriate verdict under certain proven conditions. I
will discuss the circumstances under which you can return a verdict of manslaughter
shortly.
Burden of Proof
Members of the Jury, you are reminded that the