REPUBLIC VRS. AFOKO AND ANOTHER (CR/0546/2019) [2023] GHAHC 575 (5 December 2023)
The failure of the trial judge to expressly order retrial of the 2nd accused after a hung jury is not fatal; the law mandates retrial in such circumstances, and the prosecution is entitled to proceed.
- Citation
- [2023] GHAHC 575
- Parties
- Prosecution: The Republic; 1st Accused: Gregory Afoko; 2nd Accused: Asabke Alangbi
- Court
- High Court
- Jurisdiction
- Ghana
- Judgment Date
- 5 December 2023
- Case Number
- CR/0546/2019
- Procedural Posture
- Criminal / Ruling on Retrial After Hung Jury
- Outcome
- 2nd accused to be retried jointly with 1st accused on the charge of murder.
- Legal Topics
- Retrial After Hung Jury, Conspiracy to Commit Murder, Murder, Powers of Attorney General, Jury Verdicts
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Gregory Afoko
1st Accused
Asabke Alangbi
2nd Accused
Procedural Posture
Criminal / Ruling on Retrial After Hung Jury
Legal Issues
- 1 Whether the 2nd accused can be retried for murder after the trial judge failed to expressly order retrial following a hung jury
- 2 Whether the omission to order retrial is fatal to the prosecution's case
Ratio Decidendi
The failure of the trial judge to expressly order retrial of the 2nd accused after a hung jury is not fatal; the law mandates retrial in such circumstances, and the prosecution is entitled to proceed.
Court Disposition
2nd accused to be retried jointly with 1st accused on the charge of murder.
Orders
- Both accused persons to be retried jointly for murder as per the Bill of Indictment filed on 22nd March 2019.
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