The Supreme court, chaired by the Chief Justice, Georgina Theodore Woode has ordered the state to compensate a 60 year old man who was wrongfully incarcerated, with an amount of GH¢35,000.
The court unanimously ruled that Wisdom Sarbah was wrongly imprisoned for a crime he did not commit. He was sentenced by a High Court for committing murder with his brother in 1993, a verdict which was later nullified by an Appellate Court and eventually released from prison because he was innocent.
Supreme Court’s Decision
The five member Supreme Court panel, including Justice Dotse, Justice Akamba, Justice Adinyira, Justice Ampah Beny and presided over by the Chief Justice ruled that the appellant truly deserved the compensation of GH¢35,000 from the state.
According to the Court, the appellant did not commit the said murder in which he was subsequently convicted and sentenced to death. She added that, the brother of the appellant, who was also convicted for the same offence, told the court of competent jurisdiction that he alone perpetrated that crime.
They, therefore, unanimously agreed that Wisdom Sarbah should be given the compensation. However, although it is a novelle application, it would not pave way for so many applicants since they have strict criteria.
Appellant’s Ordeal
Wisdom Sarbah, who hails from Big Ada, in the Greater Accra Region, was put in custody at the erstwhile James Fort prisons in 1993, in connection to a murder case.
According to him, he was remanded for years before his subsequent verdict in 2004, after a full trial, he was sentenced to death. He said he began his death sentence at Nsawam Medium Prison until the application for an appeal.
Wisdom Sarbah said, the brother, who is still at the Nsawam Medium Prison, serving his jail term, told the court during their trial that, he was not an accomplice and that, he alone committed the crime, but the court did not accept it.
He said he appealed the decision of the court of competent jurisdiction which gave the ruling because he was innocent.
Wisdom Sarbah explained that he lost his two wives whiles in prison and his health dwindled because he already had a knee problem. According to him, although the GH¢35,000 was not enough to heal his wounds, at least his plea has been granted.
Motivation
Wisdom Sarbah said he was motivated to appeal because he knows there so many people serving jail terms for crimes they did not commit. He noted that what happened to him is no news and that was what encouraged him to appeal and to be vindicated.
Other Developments
The Supreme Court, chaired by Chief Justice Georgina Theodora Woode, yesterday adjourned an application by Richard Dela Sky, a journalist working for Accra based private radio station, Citi FM, seeking an interpretation of Article 70 (2) of the 1992 Constitution.
He was seeking to clarify the modalities for the appointment of the head of Ghana’s Electoral Commission.
The seven member Supreme Court panel granted a leave application from the Attorney General to enable them file a statement of case in reaction to the suit.
The leave would also give both parties sufficient time to file a joint memorandum of issues for adjudication.
Background
Richard Sky has petitioned the highest court of the land which has the competent jurisdiction to interpret Article 70 (2) of the 1992 Constitution pertaining to the appointment of an Electoral Commissioner for Ghana.
Article 70 (2) states: “The president shall, acting on the advice of the council of state, appoint the Chairman, deputy chairmen, and other members of the Electoral Commission”.
According to him, upon accurate and proper interpretation of the constitution, it is the responsibility of the council of state to, in effect, choose the EC boss, a decision which shall be binding on the president.
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