STATE v. OTCHERE AND OTHERS
1963
HIGH COURT
GHANA
CORAM
- KORSAH C.J. VAN LARE AKUFO - ADDO JJ.S.C
Areas of Law
- Criminal Law and Procedure
- Evidence Law
AI Generated Summary
This landmark Ghanaian criminal proceeding addressed alleged treason and conspiracy arising from political turmoil in 1961–1962. The prosecution asserted that United Party members in exile in Lom e9 and Abidjan planned to overthrow the Government by violent means, culminating in a hand-grenade attack on President Kwame Nkrumah at Kulungugu. The court detailed the legal framework under Ghanas Criminal Code and drew on English conspiracy jurisprudence to evaluate agreements and concerted actions. It found Robert Benjamin Otcheres confessions voluntary and corroborated by events and supporting testimony, and determined that Joseph Yaw Manu authored letters (including under the alias "L. Desimus") revealing active involvement and mercenary motives. Conversely, the court rejected the reliability of accomplice testimony and determined that collateral circumstances did not uniquely implicate Ministers Tawia Adamafio, Ako Adjei, and party executive Hugh Horatio Cofie Crabbe. Applying rigorous evidence principles, the court convicted Otchere and Manu on conspiracy and treason, dismissed Manus misprision charge, and acquitted and discharged Adamafio, Adjei, and Crabbe.