The two teenagers charged with killing 10-year-old Ishmael Mensah Abdella at Kasoa for money rituals have been found guilty and convicted.
Their conviction followed a unanimous guilty verdict from a seven-member jury panel on two counts: conspiracy and murder.
Eighteen-year-old Nicholas Kini was sentenced to life imprisonment, while the 15-year-old juvenile was referred to the Juvenile Court for sentencing, as the High Court lacks jurisdiction to sentence minors.
Justice Lydia Osei Marfo, a Justice of the Court of Appeal presiding as an additional High Court Judge, sentenced Nicholas Kini as an adult. Relying on Section 342 of Act 30, Justice Marfo referred the juvenile convict (15 years old) to the Juvenile Court for sentencing. According to the Juvenile Offences Act, the 15-year-old, now 18, will serve a maximum of three years.
The 18-year-old convict pleaded with the family of the victim to appeal to the ghost of the deceased on his behalf.
Silent Pandemic
Following the sentencing, Justice Osei Marfo remarked that parents of the current generation have neglected their responsibilities, likening the consequences to a “silent pandemic” eroding society and condemning future generations to a life of trauma.
“The parents of this generation are asleep while their children, who should be made to sleep by them, are widely awake. The consequence is a silent pandemic eroding our society and condemning our future generation to a life of trauma,” she stated.
Justice Marfo also referenced a quote from Hillary Clinton: “When parents neglect their children, society pays the price.” She emphasized that “nothing but parental neglect has brought us this far. If we don’t take care, the very foundation of this nation will be destroyed.”
Prosecution Addresses
The prosecution, led by Nana Adoma Osei, a Senior State Attorney, concluded her final address to the jury by stating that the evidence presented left no doubt that the two had conspired and committed the act.
“We invite you (the jury) to conclude that the first accused (15-year-old) and the second accused (18-year-old) agreed to kill Ishmael Mensah Abdella for money rituals,” she stated. The prosecution argued that they had satisfactorily proven beyond reasonable doubt that, on April 3, the accused caused unlawful harm to Ishmael, which could only have been inflicted by them.
First Accused’s Confession
Samuel Atuah, counsel for the 15-year-old juvenile, addressed the jury by first offering condolences on behalf of his client. “We would like to express our deepest condolences to the victim and his family. Our prayer is that his soul will rest in peace,” he said.
“Our address will be very brief. We have confessed to the offense… you heard us confessing before you that we committed the offense. It is our prayer that when you return to your chambers and come back, you will return a verdict of not guilty, and we will be very happy,” the first accused said through his counsel.
Denial by Second Accused
Lawrence Boampong, representing the 18-year-old offender, also expressed condolences to the deceased’s family. He stated that the second accused (18-year-old) denied the charges, asserting he was not at the crime scene. He argued that the prosecution had the burden to prove his client’s guilt on both conspiracy and murder charges.
“We firmly believe that the prosecution could not establish any prior agreement between the accused persons. The statements made by the first accused against the second accused cannot be used against him. Furthermore, evidence provided by prosecution witnesses was based on hearsay, made outside this court, and should not be entertained here,” counsel claimed.
He urged the jury to consider the defense of the second accused and return a verdict of not guilty on both charges.
Charges
The two teenagers faced charges of conspiracy and murder of 10-year-old Ishmael Mensah Abdella before the High Court in Accra, presided over by Justice Lydia Osei Marfo. The 15-year-old juvenile (1st accused) admitted to the offense, stating they “committed the crime together,” while the 18-year-old (2nd accused) denied the charges.
Prosecution’s Facts
The prosecution outlined that, on March 29, 2021, the accused consulted a spiritualist for money rituals, locally known as “sakawa.” The spiritualist, claiming to be from the Volta Region, allegedly requested GH¢5,000 and a human being to perform the rituals.
On April 3, 2021, the accused decided to use the deceased for their “sakawa” mission. At approximately 9 a.m. that day, the juvenile accused lured Ishmael into an uncompleted building where the second accused had laid in ambush with the club of a pickaxe.
“As soon as the deceased arrived, they instructed him to remove a video game from a sack they had placed in a corner of the room. When Ishmael bent down to retrieve the video game, the second accused struck him at the back of the neck with the club, causing him to fall,” stated Adoma Nana Osei, the Senior State Attorney.
She explained that Ishmael pleaded with the juvenile accused not to kill him, asking for forgiveness if he had offended him, but his pleas were ignored. The juvenile then struck Ishmael’s head with a cement block found in the building, rendering him unconscious but still breathing.
The prosecution reported that the two accused further used a spade and shovel to dig a shallow grave in the room and buried the deceased, intending to convey him to the spiritualist.
Source: Ghana/Starrfm.com.gh/103.5FM
