The Court of Appeal has overturned the conviction of former Assembly Member for Denkyira Obuasi, William Baah, who was serving a life sentence for allegedly abetting the murder of Major Maxwell Adam Mahama.
A three-member panel, in a unanimous judgement, ruled that the trial judge, Justice Mariama Owusu, a Justice of the Supreme Court then sitting as a High Court judge, misdirected the jury, leading to a wrongful guilty verdict.
According to the court, the misdirection was so fundamental that “the jury would not have returned a verdict of guilt if they had been properly directed.”
The Court of Appeal further held that the High Court erred by relying on cautioned statements from two accused persons which implicated Baah. “The Judge was bound to disregard the incriminating statements when directing the jury,”
The panel stated, adding that the errors were grave enough to invalidate the conviction.
Background to the Case
In January 2024, a seven-member jury at the High Court in Accra found William Baah and 11 others guilty over the 2017 mob lynching of Major Mahama. He was convicted of abetment of murder.
While Eleven others, including Bernard Asamoah, Kofi Nyame, Akwasi Baah, Kwame Tuffuor, and others were convicted of conspiracy to commit murder.
Eight of them were additionally found guilty of murder. Two accused persons, Bismark Donkor and Bismarck Abanga, were acquitted and discharged
