REPUBLIC v. ABDUL HALIK HAMZA
February 22, 2019
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, J.A [PRESIDING]
- G. TORKORNOO( MRS), J.A
- N.C. AGBEYOR, J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
February 22, 2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice N. C. Agbeyor authored the Court of Appeal’s decision dismissing the appeal of tailor Abdul Halik Hamza, convicted by a Tamale High Court judge and jury of murdering butcher Abdul Ganiu at Nyohini roundabout on 14 July 2013. The court reiterated that the jury are triers of fact and found that eyewitnesses PW1 and PW3, coupled with Hamza’s cautioned statement admitting he hit Ganiu with a wooden plank, proved the fatal assault. It rejected submissions that the trial judge misdirected by failing to outline the “real facts,” or by inadequately instructing on self‑defence and an alleged duty to stop a fight, holding the harm was not reasonably necessary and there was no imminent threat. Objections to the prosecution’s substitution of witnesses and reliance on Dr. Mohammed’s testimony to tender Dr. Der’s post‑mortem were dismissed under Act 30 and hearsay exceptions in NRCD 323. The court also found adequate corroboration and that the judge had directed on alternative verdicts. The appeal failed.
AGBEVOR, J.A.
The accused herein known as Appellant, a tailor was charged, tried and convicted of the offence of murder contrary to Section 46 of the CRIMINAL OFFENCES ACT, 1960 (ACT 29). The facts though well-rehearsed in the Record of Appeal may be repeated here for avoidance of doubt.
The accused (now the Appellant), a tailor lives at Sabonjida, a suburb of Tamale. Abdul Ganiu (the deceased) was a butcher and also lived in Tamale before his death. On the 14th July, 2013, at 8.00p.m. the said Abdul Ganiu went to Nyohini roundabout in the company of Issah Hassan to buy food at Charlotte Fast Food. On arrival at the Fast Food Joint, they found the accused and other young men engaged in a fight. Abdul Ganiu knew one of the young men fighting called Fuseini Arafat who he approached and advised him to stop fighting. The accused person ABDUL HALIK HAMZA saw the deceased talking to Fuseini Arafat and became enraged by his gesture. The accused picked a plunk of wood with which he hit the head of Abdul Ganiu who fell down unconscious. The accused who bolted across the road was apprehended by persons around and handed over to the police patrol team which arrived at the scene Abdul Ganiu was rushed to the Tamale Teaching Hospital where he was pronounced dead on arrival. The accused was taken to the police station where he volunteered on investigation cautioned statement in which he admitted the offence. After further investigations, the accused was charged with one count of murder. Accused was tried by judge and jury, convicted and sentenced to death as required by law. Dissatisfied with the conviction and sentence, accused has mounted the present appeal on nine grounds. The grounds of appeal are set forth:
GROUNDS OF APPEAL
i. That the learned trial judge misdirected the jury by non-direction on the real facts surrounding the incident that led to the death of the deceased the determination of which could have led to a return of a not guilty verdict by the jury thus occasioning a substantial miscarriage of justice.
ii. That the learned trial judge misdirected the jury by inadequate direction on the availability of self-defence or in the alternative, the learned trial judge misdirected the jury by non-direction on the availability of the defence of acting in the belief, in good faith and on reasonable grounds of being under a legal duty to do the act to wit, try to stop an unlawful fight which the Appellant did both raised by the Appellant in his defence the co