AZAMETSI AND OTHERS vs. THE REPUBLIC

The appellants, members of a fishing group in Kedzi, Volta Region, were convicted of the murder of Kumade Mensah Zormelo, a member of the group. The first appellant was the group leader and owner of the fishing nets. During a meeting on 29 September 1967, a decision was allegedly made to sacrifice a human being to their fetish for a good fishing season, with the deceased selected. The deceased was forcibly taken to the first appellant's house, killed in a gruesome manner witnessed by the first appellant's wife, and buried in the bathroom. The body was later exhumed and disposed of at sea. Postmortem evidence indicated foul play and murder rather than drowning. Several witnesses, including the first appellant's wife and other group members, testified to the events. The appellants made confessional statements to the police, except the first appellant who denied involvement.

Azu Crabbe C.J. delivered the judgment of the court. The appellants were convicted at the criminal session held at the High Court, Accra, on 29 May 1968, for murder and were sentenced to death by Charles Crabbe J. The indictment upon which the appellants were charged contained the following: “First Count Statement of Offence Conspiracy to murder: contrary to sections 23 (1) and 46 of the Criminal Code, 1960 (Act 29). Particulars of offence Amuzu Azametsi alias Kporku, Ayi Matsiado, Mensah Hukpe, Kwami Hine alias Hateka, Kwami Eyoeze alias Tordzro, Tosine Eyoeze on or about the 29th day of September, 1967 at Kedzi in the Volta Region agreed in committing a crime, namely murder. Second Count Statement of Offence Abetment of a crime, namely murder: contrary to sections 20(1) and 46 of the Criminal Code, 1960 (Act 29). Particulars of Offence Amuzu Azametsi alias Kporku on or about the 29th day of September, 1967, at Kedzi in the Volta Region procured Ayi Matsiador, Mensah Hukpe, Kwa.....