GYEDU AND OTHERS vs. THE REPUBLIC [1979]DLCA1064

Date	1979-07-31
Suit No.
Citation No.	[1979]DLCA1064

APALOO C.J.

EDUSEI J.A.

MENSA BOISON J.

SWANIKER (WITH HIM E. D. KOM AND TAGOE) FOR THE APPELLANTS.

AMUI CHIEF STATE ATTORNEY FOR THE REPUBLIC.

[1979]DLCA1064
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													<main id="main" class="content" style="min-height: 60rem" >GYEDU AND OTHERS<o:p></o:p>&nbsp;vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>[COURT OF APPEAL, ACCRA] <o:p></o:p>[1978] GLR 480<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
31 JULY 1979<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SWANIKER (WITH HIM E. D. KOM AND TAGOE) FOR THE
APPELLANTS.<o:p></o:p>

AMUI, CHIEF STATE ATTORNEY, FOR THE REPUBLIC.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

APALOO C.J., EDUSEI J.A. AND MENSA BOISON J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF MENSA BOISON J.<o:p></o:p>Mensa
Boison J. delivered the judgment of the court. The appellants, thirteen in all,
including one woman, were convicted at the Criminal Session of the Sekondi High
Court on 3 May 1977, of conspiracy to murder, contrary to sections 23 (1) and
46 of the Criminal Code, 1960 (Act 29), and in respect of three men of murder,
contrary to section 46 of the Criminal Code, 1960. Two of the appellants have
died since filing their appeals. The victim of the crime was one Nana Atta
Agyemang, at the time the Omanhene of Sefwi Bekwai. He died from gunshot wounds
on 3 April 1976.<o:p></o:p><o:p>&nbsp;</o:p>It would
appear that about a year or two before the fatal day, there had been
differences of a constitutional nature, between him and a faction of his
subjects. These eventually resulted in his unsuccessful defence against
destoolment charges before the Western Regional House of Chiefs early 1976.
From that decision, the deceased lodged a notice of appeal at the National
House of Chiefs, and returned home, for the first time since the adverse
decision, on Friday, 2 April 1976.<o:p></o:p><o:p>&nbsp;</o:p>In the
meantime, his adversaries, upon the faith of the decision of the Western
Regional House of Chiefs, had declared his destoolment a fait accompli at Sefwi
Bekwai. In fact, in February 1976, some of the kingmakers and their men had
seized and occupied the state palace, and had slaughtered a sheep therein to
mark their victory and to symbolise the destoolment of the omanhene. And
although the police had persuaded the people to withdraw from the palace some
weeks later, they had done so with a warning against the omanhene ever
returning to stay at the palace. In those circumstances, the deceased, on
arriving at Sefwi Bekwai on the morning of 2 April 1976, went directly to his
private house in town.<o:p></o:p><o:p>&nbsp;</o:p>Although
there was not wanting the usual courtesies of welcome from some of his elders,
his arrival in town must have given the signal, and before nightfall there were
portents of ominous plots seething against the safety of the omanhene. By early
dawn of the next day, 3 April 1976, his house had been besieged by riotous and
violent crowd swearing death at the omanhene. Some among the crowd were armed
with stones and sticks, as well as a variety of other missiles. Yet a few had
guns. The handful of policemen at hand in Bekwai were not inactive. The
barracks sergeant had been placed at the main gate to the house, and stoutly
resisted the surging crowd. But by 9 a.m., despite all exertions of the police,
the mob had broken through another gate into the house. Amid the clamour, the
report of a gun rang out from among the attacking crowd. Someone had shot at
the omanhene in the shelter of his home; it was a fatal shot and within minutes
the omanhene had died. It was a victory signal to the factious crowd. The brave
were hailed and carried shoulder high, bedecked with white powder or festooned
with fluttering strips of calico, amid asafo songs (war songs) as the jubilant
crowd streamed away into town.<o:p></o:p><o:p>&nbsp;</o:p>At the
trial, the fact that some person or persons had intended and had shot the
deceased in circumstances that amounted to the crime of murder was hardly
disputed. Nor has it been otherwise contended in this court. What was and is
here strenuously disputed is who the culprits were. A mass of evidence of
identification was consequently presented to the trial court. The jury found
the appellants guilty of the respective offences charged, save the second,
twelfth and thirteenth defendants, who were found not guilty on the conspiracy
count; and the ninth defendant who was acquitted of murder but found guilty of
conspiracy. The second, twelfth and thirteenth accused were therefore acquitted
and discharged.<o:p></o:p><o:p>&nbsp;</o:p>