[2015]DLCA8047December 15, 2015Court of Appeal

NYORGBORSHIE WEMEGAH vs. THE REPUBLIC

The appellant, a fetish priestess, was convicted of murdering a four-year-old child, Etse Doamekporin, by striking him with an iron rod and burying him in a shallow grave. The motive was to punish the child's mother for insulting the appellant. The appellant was sentenced to death by the Ho High Court in 2004.

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SOWAH, J.A: The appellant was convicted on a charge of murder contrary to section 46 of the Criminal Offences Act, 1960 Act 29 and sentenced to death on 2nd November 2004 by the Ho High Court. Pursuant to leave granted by this court to file an appeal out of time, the appellant filed her petition of appeal against conviction and sentence on 20th August 2015. The brief facts of the case were that the appellant who was a fetish priestess killed Etse Doamekporin, a four-year-old child with an iron rod in or about January 1998 and buried him in a shallow grave behind her room. The motive for the murder was to teach Etse’s mother who had insulted her a lesson. The jurors found the appellant guilty of murder and she was convicted and sentenced accordingly. The four grounds of appeal filed by the appellant against conviction sentence are as follows: 1. The appellant deeply regrets her action and it is out of deep remorse that she is praying this honourable court to kindly reconsider he.....