MAHAMA vs. THE REPUBLIC

JUDGMENT OF APALOO C.J. Apaloo C.J. delivered the judgment of the court. The only point of substance raised in this appeal is one of law, namely, whether an incriminating statement made by an accused through an interpreter is admissible in evidence if the interpreter is not called as a witness. If such statement is inadmissible, what legal consequence flows from its admission? The facts of the case are quite simple. On 4 January 1976, there was, what can only be described as a communal fight at a village called Nyoragu in the Northern Region. Two antagonistic factions supported rival chiefs and the evidence shows that the fight erupted because one side was alleged to have insulted the reigning chief. Sticks, cutlasses and other offensive missiles were freely used and a number of persons sustained injuries as a result. That a large number of persons took part in this fight is shown by the fact that on that day, the police took into custody 29 persons including four females. ...