NYAME V. THE REPUBLIC

AZU CRABBE J.S.C.: The appellant was convicted at the Sekondi Criminal Session on 27 January 1970 of the murder of one Aba Yaa and was sentenced by Edusei J. to death. On 5 March 1971 we dismissed the appellant’s appeal against his conviction and intimated that we would give reasons at a later date. We now proceed to give the reasons.

There is no doubt in this case that the deceased died of gun-shot wounds, and the only issue at the trial was whether it was the appellant who shot the deceased.

The facts fall within a very narrow compass. The appellant and the deceased were married for about twenty years, but the marriage had been dissolved about two-and-a-half months before the death of the deceased, and the appellant’s dowry of N¢10.30 had been returned to him by the mother of the deceased.

On 16 April 1968 at about 6 a.m. the deceased went to the house of one Ekua Amissah (second prosecution witness) to ask for water to prepare kenkey. The appellant and Ekua Amissah lived in the same h…