KUO-DEN ALIAS SOBTI AND OTHERS vs. THE REPUBLIC

JUDGMENT OF AIKINS J.S.C. Aikins J.S.C. delivered the judgment of the court. The appellants were convicted before Dove J. in the High Court, Bolagatanga on 24 February 1982 of the murder of Aliu Nuhu and sentenced to death. The case for the prosecution is that on 15 February 1977 the deceased, Aliu Nuhu, a Fulani man, left his village at Numoro in Nandom in the morning to graze his cattle. In the evening the cows came back to the village in batches without the deceased. His brother Modi Nuhu became worried when he realised that the deceased had not accompanied the cows and reported the incident to his chief who informed him that he had heard that some Dagartis had chased a Fulani man in the bush. On hearing this the brother, the first prosecution witness, went to the house of the Dagarti chief at Sugo and the chief confirmed the story of the chase. The chief, the fifth prosecution witness, said that when he heard of the chase he went to the appellants who told him that three...