The accused herein known as Appellant, a tailor was charged, tried and convicted of the offence of murder contrary to Section 46 of the CRIMINAL OFFENCES ACT, 1960 (ACT 29). The facts though well-rehearsed in the Record of Appeal may be repeated here for avoidance of doubt.
The accused (now the Appellant), a tailor lives at Sabonjida, a suburb of Tamale. Abdul Ganiu (the deceased) was a butcher and also lived in Tamale before his death. On the 14th July, 2013, at 8.00p.m. the said Abdul Ganiu went to Nyohini roundabout in the company of Issah Hassan to buy food at Charlotte Fast Food. On arrival at the Fast Food Joint, they found the accused and other young men engaged in a fight. Abdul Ganiu knew one of the young men fighting called Fuseini Arafat who he approached and advised him to stop fighting. The accused person ABDUL HALIK HAMZA saw the deceased talking to Fuseini Arafat and became enraged by his gesture. The accused picked a plunk of wood with which he hit …