DEXTER EDDIE JOHNSON vs. THE REPUBLIC

The appellant, Dexter Eddie Johnson, was convicted by a jury at the Fast Track High Court, Accra, for the murder of John Kragness on 27 May 2004 near Old Ningo, Greater Accra Region. The deceased had come to Ghana on a business trip to buy gold and was last seen leaving the Indo Hotel with the appellant. The prosecution's case was based on circumstantial evidence, including surveillance by Bureau of National Investigations operatives and the appellant's suspicious movements and financial transactions following the murder. The appellant pleaded alibi, supported by two witnesses, but the evidence contradicted his claim. The appellant was sentenced to death and appealed both conviction and sentence, challenging the mandatory death penalty's constitutionality under the 1992 Constitution of Ghana.

DR. DATE-BAH JSC: On the 18th day of June 2008, the appellant was convicted of a grisly murder by a jury at the Fast Track High Court, Accra. The appellant appealed against his conviction and against an order by the High Court forfeiting his Mercedes Benz car. The appellant also filed supplementary grounds of appeal contending that the death sentence imposed on him violated the prohibition of inhuman and degrading treatment under article 15(2) of the 1992 Constitution; the right to protection from arbitrary deprivation of life under article 13(1) of the Constitution; and the right to a fair trial under artlcle 19(1) of the Constitution. The appeal was dismissed by the Court of Appeal, resulting in the present further appeal to this Court. Before this Court, the appellant has appealed against both conviction and sentence. His grounds of appeal are as follows: “(a) Grounds of appeal against Conviction: 1. The dismissal of the Appellant’s appeal against conviction for murder ...