[2016]DLCA4525 • February 29, 2016 • Court of Appeal
ALHAJI YUSIF ALHASSAN @ OBOLO (APPELLANT) vs. THE REPUBLIC
The appellant was charged with murder under Section 46 of the Criminal and Other Offences Act, 1960 (Act 29). After a protracted trial beginning in 2008, which was delayed by the death of jurors and a retrial, the appellant's counsel proposed a plea bargain to plead guilty to manslaughter, a lesser offence not originally charged. The appellant was convicted of manslaughter and sentenced to 30 years imprisonment. The appellant appealed against conviction and sentence.
read moreAYEBI, (J. A.): 1. In this case, the appellant was charged with one count of murder contrary to Section 46 of the Criminal and Other Offences Act, 1960 (Act 29) as amended. He originally pleaded not guilty to the charge. But the principal issue raised in the appeal is whether or not in plea bargaining, the plea of the accused should be taken on the original charge for him to plead not guilty but guilty to a lesser offence not charged and whether or not the plea of guilty to the lesser charge in a statement by counsel for the accused rather than the accused himself is wrong in law and has occasioned a substantial miscarriage of justice to the accused. 2. The case itself has a history which in my view justifies the popular saying that justice delayed especially the trial court is justice denied. The Attorney in his written submission revealed that the appellant, one of his wives and two other young men were arrested and indicted for conspiracy to commit murder, attempted murder and ...