[2024]DLSC17714 • July 17, 2024 • Supreme Court •
ANTHONY ASOMANI @ ANTHONY AWUAH vs. THE REPUBLIC
The appellant, a fetish priest, purchased corn dough on credit from a ten-year-old boy, Emmanuel Kwasi Mensah Essah, who later went to collect payment but disappeared. The boy's body was found buried on the appellant's compound with evidence of human blood on carved figurines and a bloodstained knife. The appellant was charged with conspiracy to commit murder and murder. The second accused died during trial, leaving the appellant to complete the trial alone.
read moreJUDGMENT PROF. MENSA-BONSU JSC: This is an appeal from judgment of Court of Appeal dated 11th March 2020. Facts The appellant (also referred to as 1st accused herein) was a fetish priest whilst the 2nd accused (now late) was unemployed. Both of them were resident at Sefwi Asafo in the Western Region. The facts of the case on which the prosecution built its charges were that on 10th September, 2007, ten-year old Emmanuel Kwasi Mensah Essah (also referred to as ‘Kwesi’ or ‘Saah’) was sent by his mother to sell corn dough at Sefwi Asafo. The appellant purchased three old cedis or thirty Ghana pesewas (30p.) worth of corn dough on credit, and asked the boy to collect his money later in the day. The identity of the person who had bought the corn dough on credit was, then, not known by the parents. The buyer-on-credit turned out to be the 1st accused. He admitted purchasing the corn dough and using some of it to prepare Banku, which he ate with his friend, the 2nd accuse...