KAMBEY AND OTHERS vs. THE REPUBLIC

JUDGMENT OF LAMPTEY J.A. Lamptey J. A. delivered the judgment of the court. On 16 April 1987 Pastor George Adabire Israel Apasere of the Assemblies of God Church at Duusi in the Upper East Region of Ghana engaged a number of men to mould blocks for him. Around 9.30 am of that day, Pastor Apasere heard an alarm while at work with these men. He investigated the cause of the alarm and learnt that, “the Duusi chief and his subjects had gone to harvest dawadawa fruits and some people armed with bows and arrows had surrounded them and were shooting at them.” Pastor Apasere immediately found a vehicle and caused it to be driven to the Bolgatanga Police Station where he made a report of what he had heard. A detachment of policemen was as a result of the report despatched to Yale village to stop the fighting and restore and maintain peace. At the sight of the policemen the combatants fled from the scene of battle. After the dust of battle had settled it was discovered that this regrettab...