NYAME vs. THE REPUBLIC

Azu Crabbe J.S.C. delivered the judgment of the court. The appellant was convicted at the Sekondi Criminal Session on 27 January 1970 of the murder of one Aba Yaa and was sentenced by Edusei J. to death. On 5 March 1971 we dismissed the appellant’s appeal against his conviction and intimated that we would give reasons at a later date. We now proceed to give the reasons. There is no doubt in this case that the deceased died of gun-shot wounds, and the only issue at the trial was whether it was the appellant who shot the deceased. The facts fall within a very narrow compass. The appellant and the deceased were married for about twenty years, but the marriage had been dissolved about two-and-a-half months before the death of the deceased, and the appellant’s dowry of N¢10.30 had been returned to him by the mother of the deceased. On 16 April 1968 at about 6 a.m. the deceased went to the house of one Ekua Amissah (second prosecution witness) to ask for water to prepare kenkey...