ANTHONY ASOMANI &ANTHONY AWUAH vs. THE REPUBLIC

MERLEY WOOD JA: The Appellant was convicted on 6th February 2014 by the High Court, Sekondi presided over by a judge and a seven man jury for the offences of Conspiracy to Commit Crime to wit Murder contrary to sections 23(1) and 46 of the Criminal Offences Act, 1960 (Act 29) and Murder contrary to section 46 of the same enactment. He was sentenced to death by hanging. The brief facts of the charge upon which the Appellant was arraigned are that on10th September 2007 at about 6:00am, while ten year old Emmanuel Kwasi Mensah Sah was sent by his mother to sell corn dough at Sefwi Asafo, the Appellant purchased some on credit and asked him to come for the money later in the day. The Appellant used some of the corn dough to prepare banku which he ate with the then second accused person Samuel Boah @ Kwaku Boah who died in the course of the trial. When later in the afternoon the deceased went to collect the money, the Appellant informed him that he did not as yet have the money. T...