OTSIBAH vs. THE REPUBLIC

JUDGMENT OF FRANCOIS J.SC. Francois J.S.C. delivered the judgment of the court. The appellant appeals against his conviction for manslaughter and the sentence of ten years’ imprisonment with hard labour passed thereon by the High Court, Accra on 30 July 1985. Two grounds of appeal were filed in respect of his conviction: (1) That the conviction cannot be supported having regard to the weight of evidence adduced before the court; and (2) That the learned trial judge erred in law in not directing the jury to acquit and discharge the appellant. It is a matter of regret that counsel’s able arguments were not matched by similar industry to set out the actual areas of criticism of the verdict. However, having allowed counsel to argue on unrestricted terrain, we must set out what we gather were the areas of controversy upon which his attacks were launched. They may be summed up as follows: (a) That the learned judge misdirected the jury by failing to direct them on the...