KALIBU AND ANOTHER V. THE REPUBLIC

AMPIAH J.A.: This is an appeal from the conviction and sentence by his Lordship Okai J. sitting at Tamale on 8 April 1981.

The appellants, Bugmor Kalibu and Bayeman Baba alias Bundani, were two of three persons, charged with the murder of one Mualy Lag at Nabuli village on 26 February 1978. They had pleaded not guilty to the charge and after the trial they had been found guilty of murder by the jury and the trial judge had sentenced them to death accordingly. The other accused person had been found guilty of manslaughter and had been sentenced to a term of four years’ imprisonment hard labour.

The main issue raised in this appeal is whether or not on the facts and evidence adduced, the accused (herein after referred to as the appellants) could properly have been convicted of murder. Counsel for the appellants contends that since the death of the deceased had resulted from an affray, it was wrong for the jury to have brought in a verdict of murder against the appellants, especially where…