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ANTHONY ASOMANI
V.
THE REPUBLIC

(2024) JELR 112240 (SC)

Supreme Court 17 Jul 2024 Ghana
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- The case involves an appeal from a judgment of the Court of Appeal. - The appellant, a fetish priest, and the second accused, who is now deceased, were accused of the murder of a ten-year-old boy. - The prosecution's case relied on circum

Case Details

Suit Number:CRIMINAL APPEAL NO. J3/13/2023
Judges:G. PWAMANG, JSC (PRESIDING) PROF. H.J.A.N. MENSA-BONSU (MRS.), JSC E. YONNY KULENDI, JSC B. F. ACKAH-YENSU (MS.), JSC Y. DARKO ASARE, JSC
Counsel:K. AMOAKO ADJEI ESQ. FOR THE APPELLANT/APPELLANT. DOMINIC WASINGU BAKOMA (PRINCIPAL STATE ATTORNEY) FOR THE RESPONDENT/RESPONDENT.
Location:Accra

JUDGMENT

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 accused person, Samuel Boa…

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