ABBAN J.A.: The first and third appellants were charged with conspiracy to murder and murder of one Kwasi Itu at a village called Daber near Elmina on or about 14 May 1981. The second appellant was charged with conspiracy to murder and abetment of the said murder. They were tried at the criminal session held at the High Court, Cape Coast. All of them were found guilty and convicted. The first and third appellants were sentenced to death while the second appellant was given a prison sentence of twelve years with hard labour.
The facts of the case are that the deceased, an old man of about 75 years, was found dead in his room on the morning of 14 May 1981 at Daber village. One Madam Ode who was living in the house was the first person to find the deceased dead. Members of the family of the deceased assembled and the third appellant, being one of the elders of that family and also the family linguist, was entrusted with the responsibility for the burial arrangements which included the pre…