THE REPUBLIC VS CLIFFORD AMOKONA
March 25, 2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE HARRY ACHEAMPONG-OPOKU ESQ.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
March 25, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This judgment concerns the summary trial of Clifford Amokonah, a 15‑year‑old student from Faaman, for the murder of his 75‑year‑old great‑grandmother, Abena Nketiah Monica, at Gonasua. After spending the night at Abena’s home on 3 October 2023, Clifford struck her twice on the head with a pestle on 4 October, concealed the body under an old bath tub, and attempted to clean blood stains. The partially decomposed body was discovered on 6 October. Clifford confessed during police interrogation and led officers to the pestle and mop. The prosecution relied on PW1 (Abena’s 11‑year‑old granddaughter), the investigating officer, physical exhibits, and a post‑mortem report confirming severe blunt‑force head injury. Applying constitutional and evidentiary standards, the court found proof beyond reasonable doubt, convicted Clifford of murder under Act 29, and remitted sentencing to the juvenile court under Act 653.
The Accused here juvenile of 15 years has been charged with the offence of murder contrary to section 46 of criminal offences Act, Act 29 of 1960. According to the prosecution the accused on 3rd October, 2023 visited his great grandmother at Gonasua the victim herein one Abena Nketiah Monica aged 75 years old and informed her that he came to play soccer with his team mate from Faaman and that, he would be spending the night with her the said victim, who was his great-grandmother at Gonasua.
That the following day the victim went to town to buy food for them to eat.
However after eating the victim told the accused, he should go and joined his team mate to travel to Faaman, otherwise they would leave him at Gonasua.
However, unknown to the victim the Accused had stolen money belonging to one Francisca.
Accused was told to pack his things and go to Kwasibourkrom to live with his mother.
But the accused/juvenile rather went to his great grandmother deceased victim at Gonasua.
Apparently uneasy with the idea of going back to Faaman decided to kill the victim in order to stay at Gonasua.
Therefore the Accused whilst alone with the victim on 4th October, 2023 took a pestle and hit the deceased victim twice on the nape and head the deceased victim fell down unconscious and started bleeding from the ears and the nostrils, the accused then dragged the deceased victim to the back of the house and covered her body with abandoned bath tub, although the accused juvenile made an attempt to clean the blood stains with mop, however some blood stain remained on the stairs.
However, when one Ellen Komah returned from school and enquired about the deceased victim who was her grandmother, the Accused told her that the deceased victim had travelled to Faaman.
After waiting for return of the deceased victim without any sign of her return one Ankama Kennedy of Faaman a relative of deceased victim reported to Drobo Police about their missing grandmother Monica Nketiah the deceased victim.
The report was then referred to police investigator Detective Frank Baah for investigation concerning the missing person.
The said police investigator after obtaining statement from Kennedy Ankama, gave police extract of occurrence from the station diary to be taken to F. M. station for announcement to be made concerning the alleged missing of the deceased victim.
On the following day which was 6th October, 2023 at about 12: 00 noon one Nana Gansu of Gonasua came to the police station