THE REPUBLIC v IDDRISU (F14/12/2023) [2023] GHAHC 690 (6 December 2023)

IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE HO – VOLTA REGION CORAM: CHARITY A. ASEM (MRS.) J. SUIT NO.: F14/12/2023 DATE: 6TH DEC., 2023 THE REPUBLIC VRS. MATTY IDDRISU Accused person – Present Prosecution – Present Lawyer: Etse Senyo Axame (A. S. A) for the Republic – Present Lawyer: Saviour Senyo Asase for the accused person – Present Fulani Language Interpreter: Umaru Mariama - Present JUDGEMENT By the Bill of Indictment dated the 1/8/2022 the accused person was charged as follows: Statement of Offence: Murder Contrary to Section 46 of the Criminal Offences Act 1960 Act 29 as amended; by Section 1 of the criminal Offences (Amendment) Act 2023, Act 1101. Particulars of Offence: On 20th day of September, 2021 at about 5:30am at Korve in the Volta Region of the Republic of Ghana and within the jurisdiction of this court accused did unlawfully and intentionally cause the death of one Yellow Iddrisu by cutting him on the neck with cutlass. Pictures of the deceased marked as Exhibits C3, C4, whilst Exhibit C5 is the murder weapon. BRIEF FACTS OF THE CASE The brief facts attached to the bill of indictment filed on the 22/03/2023 states that, a Fulani herdsman had murdered another at Korve. Complainant later led the Police to the scene where the mortal remains of the deceased was lying in a supine position with deep cutlass wound on the right side of the neck extending to the chin. Investigation at the scene revealed that the deceased was butchered at dawn of the same day by the suspect in the wooden structure in which both spent their nights. The body was removed by the police. Later the suspect who after committing the crime led his father’s cattle to a far bush to graze was arrested together with the cutlass used for the crime. Coroner’s form was prepared which was duly signed by H/W Aseye Gadagzi of District Magistrate Court, Dzodze. On 28/09/2021, suspect was charged and put before the District Court. The body of the deceased was taken to the Police Hospital Accra, where post-mortem examination was performed on the body of the deceased Yellow Iddrisu by C/Supt/Dr. Owusu Afrieyie in the presence of the police and Alhaji Dzageh, the family representative of the deceased. The pathologist later gave the cause of death as HAEMORRHAGEGIC SHOCK following the deep cut through the neck. The body was then released to the family for burial. On the 17/11/2022 the accused was committed to this court to stand trial after a case has been found against him by the District Court. On the 18/10/2023 the plea of the accused was taken when the charge was read to him. The accused pleaded Guilty to the charge of murder. The accused who spoke only Falani language was assisted by an interpreter in the person of Umaru Mariama who upon thorough explanation, appear to understand the charge and after the explanation of the facts read, he still maintained his guilty plea. After his plea was recorded, Counsel for the accused addressed the court that, considering the amendment in the Criminal Procedure Code which seeks to abolish the death penalty and also considering the plea of guilty by accused person he would like to address the court on the new law regarding the sentencing of the accused persons. Particularly, whether or not the court can accept the guilty plea of the accused. Learned counsel for the republic however urged the court to sentence the accused since the punishment for the offence of murder is no longer death. In utmost interest of justice, this court directed the learned lawyers to address the court with particular reference to the amendment to Section 46 of act 29/60 The court received the written submissions filed on the 21/11/2023 from the defence counsel. Counsel for accused argued extensively that, though the accused pleaded guilty to a charge of murder, the court is required to enter a plea of not guilty on his behalf to enable the court to go through full trial in accordance with part five (5) of the criminal and other offences (procedure) Act 960, Act 30 on the procedure on indictment. According to him Section 199 of Act 30 explicitly touches on the plea of guilty and the procedure to be followed when an accused pleaded guilty to a charge of murder. He contended that though the law has been amended the legal effect of the plea of guilty in murder cases by an accused person remains unchanged. He concluded that since the punishment for murder under the new amended Act 1101 is life imprisonment the offence remains a grievous offence, one which requires a full inquiry to be conducted into by the court whether or not the death penalty has been abolish. Sincerely, apart from the above submissions, nothing of legal exception was canvased by counsel on behalf of his client. Learned Counsel for the republic also addressed the court, where he stressed that the offence of murder used to be an offence punishable by death. That from 2nd August, 2023 the amendment to the Criminal Offences Act 2023 Act, 1101 Section 47 of Act 29, the punishment is now life imprisonment. He therefore submitted that the court must accept the guilty plea of the accused who is represented by a lawyer and proceed to convict and sentence him accordingly. He stressed that the punishment for murder provided for under section 46 of Act 29 has been amended by section 1 of the criminal and other offences Act, Act1101 for the offence of murder to be punishable by life imprisonment. He also concluded that section 199(5) 0f Act 30 shall no longer apply when the accused person pleaded guilty to the offence of murder since the punishment is now life imprisonment. That the prosecution will not be bound under law to prove the guilt of the accused person herein. Now, under paragraph ‘c’ of clause 2 of Article 19 of the 1992 constitution, it states that: “A person charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty”. Section 1 of Act 1101 provides as follows; “A person who commits murder is liable on conviction to Life imprisonment.” An accused who is represented by counsel and makes a guilty plea shall be convicted on the accused own plea. A plea of guilty is said to be a judicial confession which relief or disposes of the burden on the prosecution to prove the guilt of the accused beyond reasonable doubt. Pleading guilty meant that you admit you did the crime and once the court accepts the plea, it’s duty is to proceed to convict accused on his own plea of guilty, and impose sentence. Observably, the centrality of the right to fair trial and in particular the presumption of innocence of an accused person in a criminal trial, cast a duty on the court to ensure and satisfy itself that a plea of guilty entered by an accused person is voluntary, well informed and not actuated by fraud inducement or by some other vitiating circumstance. This court provided the accused a Fulani interpreter who assisted the court to explain carefully both the charge and the accompanying facts to the accused. The court is satisfied that he did appreciated and understood the charge hence making a plea of guilty. Moreover, he had full legal representation and the plea of not guilty was still available to him under the law. It is rare for an accused charged with murder to plead guilty despite the overwhelming evidence against them. The accused in the present case had full legal representation but choose to plead guilty nevertheless. By procedure an accused person can plead guilty or not guilty any time they are put before the court and have been arraigned. Having pleaded guilty, the legal obligations/burden laid on the prosecution under the law, the constitution of having to prove the guilt of the accused beyond reasonable doubt, is lifted by that guilty plea. Indeed, until 2nd August, 2023, a court shall not in terms of Section 199(5) of Act 30, accept a guilty plea of an accused charged with the offence of murder. Under the old law Section 46 of Act 29 the punishment then was death which require the court to enter a plea of Not Guilty on behalf of the accused whether or not he pleaded guilty. The court was mandated to prove his guilty beyond reasonable doubt. Hitherto, the failure by a court to enter a plea of Not Guilty on behalf of an accused charged with the offence of murder was a good ground of appeal. Section 46 has been amended by Act 1101, 2023 as stated above. 46 – A person who commits murder is now liable to life imprisonment if found guilty. It follows therefore that section 199(5) of Act 30 which mandated the court to enter a plea of not guilty on behalf of an accused charged with murder, shall no longer apply by necessary implication. Before the amendment to Section 46; the only offence under which the court shall not accept a guilty plea was the offence of murder because it was a first degree felony punishable by death. I hold the view that, since the punishment for murder is no longer death sentence but life imprisonment; the plea of guilty when made must be accepted by the court unless there’s a contrary statutory provision. I will therefore agree with the learned state attorney on his submission that the courts duty at this point, is to convict and sentence the accused. Where a penalty for an offence declared by an enactment to be a first Degree felony is provided, the court shall be bound by the punishment specified by the law. The offence of murder is classified as a first degree felony. The punishment for murder is life imprisonment. I therefore find the accused guilty of murder upon his guilty plea entered by him on the 18/10/2023 and convict him accordingly. By section 1 of Act 1101 a person who commits murder is liable on conviction to life imprisonment, this is a statutory provision which has no contrary punishment, and thus binding on the court to exercise. By the powers vested in me therefore, under the law aforesaid, I sentence you Matty Iddrisu to life imprisonment for the murder of Yellow Iddrisu; where you shall remain for the rest of your life. May God have mercy on you. H/L CHARITY A. ASEM (MRS.) (JUSTICE OF THE HIGH COURT) (SGD.) 7