ZORTOVIE vs. THE REPUBLIC

Mensa Boison J.A. delivered the judgment of the court. This is an appeal by Kobla Doku Zortovie (hereafter referred to as the appellant) against his conviction and sentence dated 11 November 1981 for the murder of Ebenezer Abotsi Korsinah on 23 June 1979. The trial was before a jury at the High Court, Accra presided over by Sarkodee J. Ayiku Frakwa, the would be second appellant, we were informed, has since his conviction died and in consequence his appeal stood abated. We will still retain him in that role for easier reference. It is as well to mention also that standing trial on the same indictment as the present appellant and the second appellant at the court below, were a third and fourth accused persons, Peter Zortovie, son of the appellant, and Lucky Francis Agu respectively. These two latter persons were charged with aiding and abetting the commission of the murder of Korsinah. The two abettors were, however, acquitted and discharged; the third accused on the verdict of the jury...