[2025]DLSC18379 • June 12, 2025 • Supreme Court •
ERIC YAW ASANTE vs. THE REPUBLIC
The applicant, Eric Yaw Asante, was charged with murder before the High Court, Accra, convicted and sentenced to life imprisonment on 31 August 2016. He appealed to the Court of Appeal which dismissed his appeal on 30 April 2020. Subsequently, he filed an appeal to the Supreme Court. The applicant sought leave to adduce fresh evidence on appeal, claiming that at trial he was not informed of his constitutional right to use reasonable force in defense of his property, and that the killing was unintentional during a struggle with trespassers who entered his home without consent.
read moreRULING KWOFIE JSC. This is a motion on notice for leave to adduce fresh evidence at the hearing of this appeal, pursuant to rule 76 of the Supreme Court Rules, 1996 (C.I. 16) which provides as follows: 76 New Evidence “(1) A party to an appeal before the Court is not entitled to adduce new evidence in support of the original action unless the court, in the interest of justice, allows or requires new evidence relative to the issue before the Court to be adduced. (2) Evidence shall not be allowed unless the court is satisfied that with due diligence or enquiry the evidence could not have been, and was not, available to the party at the hearing of the original action to which it relates (3) Evidence may be given by oral examination in court, by an affidavit or by deposition taken before an examiner as directed by the court” From this rule, it is obvious that the major requirement is that the evidence sought to be led should not have been available during the origina...