He will serve his sentence at the Senior Correctional Centre.

Before receiving his sentence, the teary convict pleaded with the court for forgiveness, saying, “It was not my intention to kill my dear friend and to end his life this way. I pray the court will forgive all my sins and give me a second chance.”

He further pleaded for forgiveness from the deceased’s father, stating, “I have played with Ishmael (the deceased) for a very long time. I never planned to kill him. It was the devil.”

The presiding judge, Bernice Mensimah Ackon, explained that the juvenile convict was arrested in April 2021 and will be 19 this year. She added that the 15-year-old had been on remand for three years and two months.

According to the judge, under the Juvenile Justice Act, 2003 (ACT 653), the juvenile has already served a sentence of three years.

However, due to the gravity of the offence and the juvenile’s stated intention to pursue a technical vocation after dropping out of school at Basic 6, the court sentenced him to 12 months at a senior correctional centre to help him achieve his vocational goals.

Background

In October of the previous year, a seven-member jury found the two teenagers guilty on two counts of conspiracy to commit murder and the substantive charge of murder. The High Court, presided over by Justice Lydia Osei Marfo, sentenced the 18-year-old, Nicholas Kini, to life in prison.

The sentencing of the 15-year-old, however, was deferred to the Juvenile Court in line with Section 18(1) of the Juvenile Justice Act, 2003 (ACT 653), which states that where a juvenile appears before a court of summary jurisdiction other than a juvenile court for a charge made jointly with a person over 18, the juvenile’s case must be remitted to a juvenile court for sentencing.

Since then, the 15-year-old has been kept in police custody awaiting sentencing.

Prosecution’s Facts

According to the prosecution, on March 29, 2021, the accused persons consulted a spiritualist for money rituals, locally known as “sakawa”. The spiritualist, who claimed to be from the Volta Region, allegedly requested GH¢5,000 and a human being for the ritual.

On April 3, 2021, the accused decided to use the deceased in furtherance of their “sakawa” mission. Around 9 a.m. on the same day, the juvenile accused lured the deceased into an uncompleted building where the second accused was waiting with a pickaxe club.

“As soon as the deceased arrived, they told him to remove a video game from a sack they had placed in a corner of the room. When the deceased bent down to remove the video game, the second accused struck him on the back of the neck with the club, causing him to fall,” said Nana Osei, the prosecutor.

The deceased, now unconscious but still breathing, turned to the juvenile accused and pleaded for his life, asking for forgiveness if he had offended him. The plea was ignored as the juvenile accused struck the deceased’s head with a cement block.

The accused persons then used a spade and shovel to dig a shallow grave and buried the deceased, intending to transport him to the spiritualist.

ALSO READ:

• Kasoa ritual murder: What 18-year-old said after being sentenced to life in prison

• Kasoa Ritual Murder: Family of deceased express satisfaction with ruling

The court had initially scheduled the sentence for January 16, but the case was adjourned due to the unavailability of a social enquiry report.

The report, which helps the court determine an appropriate sentence, was not ready in time.

Under Section 24 of the Juvenile Justice Act, 2003 (ACT 653), a probation officer must prepare a social enquiry report, providing details on the juvenile’s background, the circumstances of the offence, and sentencing recommendations.

Case Background:

In October 2024, a seven-member jury found the two teenagers guilty of conspiracy to commit murder and the substantive charge of murder.

The High Court, presided over by Justice Lydia Osei Marfo, sentenced the 18-year-old Nicholas Kini to life imprisonment.

However, the sentencing of the 15-year-old was deferred to the Juvenile Court in line with Section 18(1) of the Juvenile Justice Act.

The 15-year-old has since been held in police custody, awaiting his sentencing by the Juvenile Court.

ALSO READ:

• Kasoa ritual murder: Court sets date to sentence 15-year-old

• Kasoa will Be transformed from criminal hub to investment hub – MP-elect pledges

ALSO READ:

• Kasoa Ritual Murder: Family of deceased express satisfaction with ruling
• Kasoa ritual murder: What 18-year-old said after being sentenced to life in prison

Speaking on Joy FM’s SMS a day after two youngsters were convicted for murder at Kasoa in the Central Region, Ransford Nana Addo says the convicts are paying the price only because they were caught in the act.

Had they escaped from their sordid deed, society would be hailing them for whatever benefits their ritual murder would have afforded them.

Nicholas Kini, who was 18 years old at the time he and his then 15-year-old friend murdered Ishmael Abdallah, then 10, for rituals to acquire wealth, has been handed a life sentence.

His accomplice who is still a juvenile, will be sentenced by a juvenile court.

Analysing the circumstances of the murder and its outcome, Ransford Nana Addo said he does not think that the Ghanaian society has paid these harrowing crimes the seriousness they deserve.

“Fortunately, it is only these small, small ones that have come to the fore and you hear, but the elephant in the room is that we are all aware that communities are springing up in this country where we have a lot of young people who belong to various groups who have built mansions and have fleets of vehicles and nobody is questioning where they got this money from.

“Our criminal justice system has failed us, because in some jurisdictions what they have used to treat this, is a very, very good law we call ‘unexplained source of wealth’. In our own case, we are still depending on the Criminal Offences Act of 1960, Act 29, where we have positioned ourselves that we need to prove beyond all reasonable doubt that the crime has been committed.

“But how will you explain, assuming these boys killed the deceased, fixed him somewhere nobody got to know, the following year he was driving a Range Rover at the age of 19 or 18, he’s built a new shop for his mother, he’s bought a house in a prime area.

“As a people, are we saying that all the crimes that will be committed, all we want to see is to see people caught in the act before we trigger our intelligence agencies? It doesn’t make sense. It doesn’t make sense at all for anybody to say that our laws on explained wealth, we should keep it the way it is…?”.

ALSO READ:

• Kasoa ritual murder: What 18-year-old said after being sentenced to life in prison

• Kasoa Ritual Murder: Family of deceased express satisfaction with ruling

A video shared by GHOne TV captured Kini being escorted to prison after the sentencing.

He appeared visibly frustrated by the court’s ruling and was heard telling a man in the courtroom that this was not the end and that he would return.

At one point, he expressed his disillusionment, stating, “Bossu, I will be back… There is no truth in Ghana,” in the Twi dialect.

One of the prison officers accompanying him urged Kini to remain patient, saying, “I know that you are angry, but be patient. Next year… we will see what God will do.”

Details of the Case:

The High Court has convicted both individuals involved in the ritual murder of Ishmael Mensah Abdellah, which occurred in 2021. Nicholas Kini, aged 18, was sentenced to life in prison, while the other accused, who was 15 years old at the time of the crime, has been referred to the juvenile court for sentencing due to his age.

Prior to the verdict on October 24, the lawyers for both defendants had requested the court not to acquit the teenagers.

18-year-old Nicholas Kini seen leaving court after being sentenced to life imprisonment for the murder of 10-year-old Ishmael Mensah Abdella in the Kasoa money ritual case…#GHOneNews #EIBNetwork #GHOneTV #ElectionHub pic.twitter.com/Oc5i5exnQY

— GHOne TV (@ghonetv) October 24, 2024

ALSO READ:

Kasoa Ritual Murder: Family of deceased express satisfaction with ruling

Kasoa ritual killing: 18-year-old suspect sentenced to life imprisonment

Juror fined ₵1,200 for delaying Kasoa ritual murder case, court adjourns to October 24

Speaking in an interview with GH One TV after the ruling, Harrison Mensah, a relative of the deceased, said the punishment given to the accused should act as a warning to anyone considering unlawful acts.

“The family is satisfied, even though we’ve lost our son. This verdict should deter others from taking the law into their own hands. It wasn’t easy; we were anxiously waiting for this judgment,” he said.

He also shared the emotional and financial strain the case has caused the family.

“Because of this situation, my brother lost his job. He’s now in debt of over GH₵180,000, and we don’t know how he’s going to repay it. Now that the judgment has been delivered, we’ll go back and figure out a way to handle those debts,” he added.

On Thursday, October 24, 2024, a seven-member jury unanimously found the two teenagers guilty of the 2021 murder of the 10-year-old boy in Kasoa, who was killed for a money ritual.

The two were convicted of conspiracy to commit murder and murder.

However, the sentencing of the 15-year-old has been deferred to the juvenile court in accordance with Section 18(1) of the Juvenile Justice Act, 2003 (Act 653).

ALSO READ:

Kasoa ritual killing: 18-year-old suspect sentenced to life imprisonment

Cardinal Namdini gold mining project set to commission first gold in…

Bawumia to offer duty-free vehicles under 1.8L for nurses – NAPO

This follows allegations by investigators that he has been fighting other inmates in police cells.

The 2nd accused has so far been moved by investigators from one Police station to another due to the allegation of instigating fights in the four police cells he has been taken to due to his character.

The Senior State Attorney, Nana Adoma Osei in her submission to the court on Monday said, the Osu Police Station had requested that the accused should not be brought back to the station.
“Our prayer this morning is that he should be remanded into prison custody and a warrant issued so that the prison officers would be responsible for bringing him to court as and when the need arises”.

When the sitting judge asked what kind of problems he had been causing in the cells, the Prosecution said they were not informed about the specific problems.

The investigator then intervened and explained to the court that, “apparently he (the 2nd accused person) has been moved from Ministry Police Station to Cantonments Police Station. We took him to Nima and now to Osu Police Station. As for Osu and Cantonments, the investigation officers told us that he has been fighting with the inmates”.

But the 18-year-old accused has denied the allegations of fighting his cellmates.

He told that court, “At the Nima Police Station, the officers alleged that they had information that some of the inmates had planned to escape jail, and due to this particular information, I have been moved from Nima to Striking Force”.

He further contended that because of the rumours about a potential prison escape, the station officer authorised the transfer of all ten inmates to other police stations in the national capital.

After engaging the accused person, the trial judge made an order for the 2nd accused person to be kept at the Nsawam prison.

“In view of the intimation from Counsel of the Republic, an order is hereby made for you to be sent to prison. So you will realise that you were in Heaven”.

Earlier, the lawyer for the accused persons had pleaded with the court to caution the alleged ‘troublemaker’ and keep him in the police cells.

However, the court could not move any further on the case because of the ongoing strike by jurors.

The industrial action has so far frustrated justice delivery for the family of the murdered 11-year-old and other high-profile cases including the JB Danquah murder trial, and the Adams Mahama murder case in which Gregory Afoko is standing trial.

The case was subsequently adjourned to July 8, 2024.

ALSO READ:

Stop lobbying Bawumia to be his running mate; it’s disrespectful –…

17-year-old suspected robber beaten to pulp, ear chopped off at Domeabra

Police investigate destruction of structure in Pusiga

Addressing the court under oath, Felix recounted how the deceased was lured into the uncompleted building, beaten with a stick, hit with a block on the head, and buried while he was still breathing.

Though Felix has pleaded not guilty to the charge of murder, in opening his defense in the criminal case, he admitted to killing the deceased together with the second accused person.

He narrated that, the deceased was killed in furtherance of completing a process to get money.

According to him, the idea was hatched following an advert he chanced upon on Lucky TV where a female host announced that, with GH¢5,000, he could become rich.

Upon notifying the second accused, Nicholas Kini, a decision was made to contact the fetish priest, who, in addition to the GH¢5,000, requested that they present a human being.

Per his account, the second accused advised that the deceased be used as he was a close friend of the first accused.

The first accused hatched a plot to kidnap the deceased and ask for a ransom of GH¢5,000 from his parents.

However, the kidnapping attempt was foiled due to the inability of the first accused to cover the mouth of the deceased with a handkerchief filled with medicine, which was intended to aid in capturing the deceased.

He, however, explained that the deceased was later invited to the uncompleted building and was, in fact, killed.

ALSO READ:

• Latest on Kasoa ritual murder will shock you

• Kasoa ritual murder: Tears flow in court as mother gives testimony

Chief Inspector Isaac Asiedu Odei told the court in his testimony that one of the accused persons disclosed that to him during investigations.

He was being led in evidence by a Senior State Attorney, Nana Adoma Osei, before a seven-member jury at the court, presided over by Justice Lydia Osei-Marfo. 

Accused

The two teenagers – a 15-year-old juvenile and an 18-year-old young offender (both names withheld) are standing trial for the alleged murder of a 10-year-old, Ishmael Mensah Abdallah, on April 3, 2021, for ritual purposes, after they allegedly lured him into an uncompleted building and killed him with a club and cement block.

They have pleaded not guilty to the charge of conspiracy and murder.

Testimony

C/Insp. Odei further told the court that the 18-year-old accused willingly confessed using the wooden handle of a pickaxe to hit Abdalla’s head.

The investigator tendered the implement in evidence as part of his testimony.

He added that 15-year-old juvenile also confessed that they used both a shovel and spade to dig a grave to bury Abdallah.

C/Insp. Odei further tendered in pieces of blocks that were allegedly used to hit Abdallah’s head.

“My Lord, a 15-year-old juvenile, disclosed that they buried the deceased while he was briefing,” C/Insp. Odei said. 

Prosecution’s facts

According to the prosecution, on March 29, 2021, the accused persons consulted a spiritualist for money rituals, locally known as “sakawa”.

The said spiritualist, who claimed to be in the Volta Region, was said to have requested GH¢5,000 and a human being to perform the rituals.

On April 3, 2021, the accused persons, according to the prosecution, decided to use the deceased in furtherance of their sakawa mission.

At about 9 a.m. on the same day, the prosecutor said, the juvenile accused lured the deceased into an uncompleted building where the second accused had laid ambush with the club of a pickaxe.

“As soon as the deceased arrived, they told him to remove a video game from a sack they had deposited in a corner of the room.

“When the deceased bent down in an attempt to remove the said video game from the sack, the second accused struck him at the back of his neck with the club, causing him to fall,” Nana Osei said.

The deceased, she said, turned to look at the juvenile accused and pleaded with him not to kill him but forgive him if he had offended him but his plea was ignored by the juvenile accused who struck the head of the deceased with a cement block which was in the building.

As a result, the deceased became unconscious but was still breathing. 

The accused persons, the prosecution said, further used a spade and a shovel to dig a shallow grave in the room and buried the deceased with the intention of conveying him to the spiritualist.

ALSO READ:

• Court suspends Kasoa ritual murder trial

• Kasoa ritual murder: Tears flow in court as mother gives testimony

The 15-year-old juvenile and an 18-year-old young offender have been charged for conspiracy and murder.

So far, the trial has started with the father of the late Ishmael, and a sister of the 15-year-old juvenile offender having testified.

Taking her turn as the 3rd Prosecution Witness, the mother of the first accused, Emelia Donkor, narrated how she discovered her son’s friend was killed.

With tears dripping down her cheeks, the mother of the juvenile offender who was a trader, identified the first accused as her son while adding that the 18-year-old young offender and the deceased were friends to her son.

She told the court that on the morning of Saturday, April 3, 2021, “I went to fetch water and the woman who owns the water, told me to get someone to help me because she was going to church.”

She told the court that, after the first trip, she asked her children to call the first accused from Ishmael’s (deceased) mother’s place for her.

She said, when the children came back, they told her that, he asked that the mother sends his bucket to the vendor.

“When I returned from two trips, the third trip was when they brought his bucket.

“When I returned from fetching the water, (his sister – PW2), indicated to me that she went to the back of the uncompleted building to urinate and when she got there, the first accused asked her to return,” the mother recounted.

Asked by Ama Adoma Osei, the Principal State Attorney which uncompleted building she was referring to, she said “it’s close to my house.”

She told the court that after that, “I decided to go and see for myself why they (accused persons) asked PW2 (a daughter) to return.”

Uncompleted building

She said “When I got there, I stood at the window and decided to look through the room to see what was going on, then I saw that there was a portion which had been weeded.

“The place was raised up and I saw the footprints of three people and at that moment, I panicked,” she narrated.

“The foot sets of footprints I saw were in sizes. One appeared to be big, the second one was medium size, and the third one was small,” the Witness told the court.

She added: “After that, I went back to my room where my husband was sleeping and I woke him up and informed him about what PW2 (a daughter) told me.

“When I told him, he retorted, that I always panic. So he went with me to the uncompleted building to see for himself what had happened,” she told the court.

“When we got there, he also saw the same thing I  indicated, a portion had been weeded and two blocks had been placed on the weeded portion.

She said “My husband entered the room and I asked him to lift those two blocks so we can see for ourselves what was under the blocks.

“When he lifted the blocks, we saw that the raised portion popped up further and after that, I just asked myself whether (the first accused) had killed someone’s fowl and had buried it for fear of being scolded,” she wondered.

ALSO READ:

Kasoa murder: Lawyer abandons 2nd accused person

Kasoa murder: I was nowhere near murder scene – Suspected killer tells court

“Then my husband said how could (first Accused) kill someone’s fowl. But I was a bit jittery. So I suggested to my husband that he should take out the seal to see what was buried.

“There was a small room near the raised portion we had seen and my husband saw a shovel in this small room. So my husband picked up the shovel and started removing the sand from the popped-up place.”

Oozing blood, hand popped up

She told the court that, her husband then saw blood coming out of the place and “I said to my husband, it appears there is something buried there and my husband responded, that yes.”

She told the court that she also got scared and “He dredged further and someone’s hand came up.

“When we saw that, we were even more scared. I said to him, that now that the hand has come out, we did not know who it was so we should dig further to know or identify who it was, so my husband brought out the buried body and it was Ishmael.”

According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, both the 15-year-old juvenile offender and the mother could not look at each other with the accused particularly looking faced down throughout the hearing.

The case has been adjourned to Monday, April 4, 2023, for continuation.

Not guilty plea

While the 15-year-old accused had confessed to their involvement in the murder from the District Court, the 18-year-old accused has, however, denied his involvement.

However, taking their pleas on charges of conspiracy and murder before the trial court, the 15-year-old accused pleaded guilty to the charge of conspiracy but pleaded not guilty to the charge of murder.

The 18-year-old accused on the other hand pleaded not guilty to both charges.

Justice Osei Marfo’s court, however, entered a plea of not guilty for the 15-year-old accused because the offence was a conspiracy to murder and as a result, had to be tried by the jury.

The charges were read to them in their preferred local languages.

Jury

The jury is made up of seven ordinary, but educated persons, who, subject to the directions of the judge, will decide the guilt or innocence of the accused in a case tried upon indictment.

After the seven-member jury had been empanelled, they were sworn in and they chose one of their own as a leader (foreman).

They are expected to arrive at a unanimous verdict which is binding on the court.

The trial, which was set to commence on March 7 this year, delayed by two days as a family member of one of the accused persons failed to show up. 

When the case was called today (March 9) for the prosecution to finally start the trial with its first witness, one person from the seven-member jury was absent. 

The foreman (leader) of the seven-member jury, informed the court that the juror, who is a staff of the Department of Social Welfare, had notified him that he was unable to continue hearing the matter. 

The presiding judge, Justice Lydia Osei Marfo, who had previously reminded the jurors of their constitutional duty to always appear for the trial, fumed by the sudden excuse from the juror. 

“We do not play games here, if I give you time to appear, it means I have put everything on hold. Do you understand the implications of this? 

“You have disrespected the Court. Tell him to come else I will issue a bench warrant for his arrest,” the judge said. 

Justice Marfo added that the jury trial system was not a joke. 

“He should know he is duty bound to be part of this trial. This is a constitutional duty and he cannot afford to stay in his office and issue orders in this matter. 

“The said juror should appear on the next adjourned date (March 13) otherwise bench warrant will be issued,” the presiding judge added.

Kasoa murder accused persons

The two teenagers have pleaded not guilty to the charge of conspiracy and murder.

They are said to have murdered Ishmael Mensah Abdallah on April 3, 2021, for ritual purposes, after they lured him into an uncompleted building and killed him with a club and cement block.

Jury 

The seven-member jury was empaneled in October 2022. 

The jury is made up of seven ordinary, but educated persons, who, subject to the directions of the judge, decide the guilt or innocence of an accused in a case tried upon indictment.

Swearing-in the jurors in October 2022, Justice Marfo advised the jury to be present in court at all times to listen to, see and hear the witnesses that will be called by the prosecution in their quest to establish the guilt of the accused persons.

All jurors must be present in the courtroom before any proceeding in a trial by jury takes place.

Also, when a jury is absent, the trial does not take place. 

Implications 

Per the reasons given by the foreman in court today (March 9), if the jury continues to absent himself, it would mean that the trial would have to start from scratch. 

The accused persons would have to take their pleas before a newly constituted jury.