[2021]DLCA16178 • February 10, 2021 • Court of Appeal
KWASI GYAN vs. THE REPUBLIC
The appellant, Kwasi Gyan, was convicted of the murder of Kwaku Fokuo by the High Court, Koforidua, and sentenced to death. The incident arose from a chieftaincy dispute in Pankese involving factions supporting Nana Yaa Asantewah and Nana Mireku Missah IV. The deceased was a supporter of Nana Mireku Missah IV, while the appellant supported the queen mother faction. The appellant had a personal animosity towards the deceased due to the latter's relationship with the appellant's sister and prior altercations. On 24 October 1994, the appellant held the deceased and his friend hostage at gunpoint at a kiosk, warning them not to leave. When the deceased stepped out, the appellant shot him, resulting in his death. The appellant was arrested months later and tried for murder.
read moreJUDGMENT ANTHONY OPPONG J.A. The appellant was convicted of the murder of one Kwaku Fokuo and accordingly, as required by law, he was sentenced to death by the High Court, Koforidua on the 8th of July 1998. By an application filed by the appellant, this Court extended the time within which the appellant could file an appeal. Consequently, the appellant filed Notice of Appeal pursuant to the leave of the Court and the said Notice of Appeal was subsequently amended by leave of the Court and filed on 11th June 2020. By the Amended Notice of Appeal, the appellant is praying the Court to set aside the conviction and sentence. The appeal is based on three main grounds, namely: (a) That the trial judge erred on the facts during the summing up to the jurors and this has occasioned substantial miscarriage of justice; (b) That the evidence on record does not support the conviction and sentence of the appellant and (c) That the trial judge erred in law when he failed to properly dire...