[2004]DLCA980 • July 22, 2004 • Court of Appeal
IBRAHIM vs. THE REPUBLIC
The appellant was charged with murder, convicted by a seven-member jury on 28 July 1999, and sentenced to death by the High Court, Kumasi. The committal hearing was conducted at the Circuit Court, Wa. The appellant appealed on grounds including reliance on statutory statements not under oath, misdirection of the jury, unreasonable verdict, inadequate jury direction on reasonable doubt, and jurisdictional issues regarding the committal proceedings.
read moreJUDGEMENT Asiamah JA Delivered the first judgment at the invitation of Ansah JA. The appellant was tried on a charge of murder and was convicted by a seven-member jury on 28 July 1999 and sentenced by the trial High Court, Kumasi to suffer death. The committal hearing was, however, conducted at the Circuit Court, Wa in the Upper West Region. In his notice of appeal filed on the very day of his conviction and sentence, the appellant put forth the following grounds: (1). “That the trial judge erred by depending heavily on the statutory statement which was not an evidence on oath. (2). That the trial judge misdirected the jury by non-direction as to the weight to be attached to the evidence of the second prosecution witness who together with the victim and other people assaulted the appellant. (3). That the verdict of the jury was unreasonable and unsupported by evidence in view of the serious conflicts and discrepancies which ought to put the jury on their guard as to.....