[1985]DLCA205 • December 12, 1985 • Court of Appeal
ADEKURA vs. THE REPUBLIC
The appellant, an operations officer of the People's Militia, was charged with murder after shooting at a moving Land Rover carrying passengers, including the deceased Augustine Klakani, who was fatally wounded. The appellant claimed he fired to stop the vehicle as part of an authorized operation to prevent illegal fuel deals, aiming at the vehicle's rear tyre. The vehicle did not stop initially, prompting rapid firing. The deceased died from gunshot wounds sustained during this incident.
read moreJUDGMENT OF OSEI-HWERE J A. He delivered the judgment of the court. The appellant was the operations officer of the Bolgatanga branch of the people’s militia. He was arraigned before the criminal assizes holden at Bolgatanga for the offence of murder and he was out in charge of a jury of seven of his ordinary countrymen. By the unanimous verdict of the jury, he was found guilty of murder and the court sentenced him to death according to law. Aggrieved by this verdict he brought this appeal wherein he has relied on no less than nine grounds of appeal, of which some are but variations of the same theme. The brief facts of the prosecution’s case were these: The fourth prosecution witness, an internal controller of the Tono Irrigation Project, Navrongo, was assigned a Land Rover with registration No GN 7084 to travel to Accra on duty. He instructed his son, the first prosecution witness, to drive the vehicle ahead to Navrongo and hand it over to the regular driver. At about ...