The trial of Victor Stephen Nana Kankam Nii Kojo Obo-Schroeder, the landlord who is said to have shot and killed his tenant Benjamin Okyere at Ofankor will begin on October 17.

Nana Kankam also said to be a businessman had pleaded not guilty to the charge of murder and had been granted bail.

In Court on Tuesday, October 10, the Criminal Division of the High Court in Accra presided over by Justice Marie-Louise Simmons directed the prosecution to call their first witness on October 17.

Before then, the parties are expected in Court on Thursday, October 12 to conclude the Case Management Conference.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that Nana Kankam was present in court as well as the seven-member jury that will try him.

The Abeka District Court committed him to stand trial for the murder of Benjamin Okyere, a musician and a tenant, on May 25, 2020.

State to parade 9 witnesses

Mrs Sefakor Batse, a Principal State Attorney (PSA) for the prosecution in her opening address to the jury said, the complainant John Bosco Kotah is a friend of Benjamin Okyere who is now deceased.

Whilst, Victor Stephen Nana Kankam (accused) is a businessman and was the landlord of the deceased.

According to the Prosecution, Benjamin Otchere rented the apartment of Nana Kankam (accused) located at Ofankor Spot ‘M’ on May 24, 2018, for a period of two years and his rent was due to expire on May 24, 2020.

Mrs Batse said, Victor Nana Kankam had earlier made it clear to Benjamin Otchere that he was not going to renew his tenancy after its expiration.

Bulletproof vest armed with loaded gun

She told the jury that, on May 24, 2020, at about 1:33 pm, the day of the expiration of the said tenancy, Victor Nana Kankam, wearing a bulletproof vest and armed with a loaded gun went to the apartment he had rented out to the deceased.

She said, Benjamin Otchere (tenant) came out of the apartment to meet Nana Kankam after he (Landlord) called him to come out.

She said Benjamin Otchere (tenant) was later joined by his friend John Bosco Kotah who was in the living room of the (Otchere) prior to the arrival of the Landlord.

The PSA said Benjamin Otchere (tenant) upon realising that Nana Kankam (Landlord) was armed with a gun asked his friend to call a ‘police officer friend’ of theirs whom they had earlier informed about misunderstandings between the deceased and the accused before the fateful day.

Gunshots

She said the complainant went back inside to take his phone so he could call but while inside he heard gunshots.

The PSA told the jury that, he rushed out of the room and saw his friend, the deceased lying on the ground in a pool of blood and saw the accused running away from the scene holding the gun he came to the house with.

“The complainant attempted going after the accused (landlord) but he (the accused) threatened to shoot him with the gun he was holding and this scared the complainant off.

“The accused succeeded in running away while the complainant with the help of a taxi driver, rushed the victim to the Aneeja Hospital. Tantra Hill and later to the Police Hospital,” Mrs. Batse told the jury.

“They were in the company of a police officer who was asked to accompany them to the police hospital after they went to lodge a complaint at the Mile 7 Police Station.

“The deceased was pronounced dead upon their arrival at the Police Hospital” and
“Police visited the crime scene where photographs were taken.”

Items retrieved

The PSA also told the jury that, the police retrieved plastic wads as well as empty cartridges.

She said, the accused was arrested and a search was conducted at his residence where guns, live cartridges and the bulletproof vest he wore to the residence of the deceased were retrieved.

According to a June 10, 2020 report, a post-mortem examination conducted on the body of the deceased by C/Supt/Dr. O. Owusu Afriyie of the Police Hospital gave the cause of death as haemorrhagic shock, severe chest injury and gunshot at close range.

“Forensic examination conducted as will be shown by Prosecution witnesses will establish that the empty cartridges retrieved from the crime scene and pellets retrieved from the body of the deceased during the autopsy were fired from guns retrieved from the house of the deceased,” she told the jury.

Mrs Batse told the jury that, according to the accused own statements to the Police, “the accused himself admits going to the house of the deceased armed with a loaded gun.”

“He admits that he fired the gun but denies intentionally shooting him to death,” he told the jury.

State to call 9 witnesses

She told the jury that, the prosecution intends to call 9 witnesses in all to prove its case against the accused

She added that pieces of evidence from those witnesses will prove beyond reasonable doubt that Benjamin Okyere is dead and that the accused and no other person caused his death by intentionally inflicting unlawful harm on him by shooting him multiple times at close range.

“Ladies and gentlemen of the jury, you are to listen with rapt attention and deliver a verdict depicting the truth and nothing else. A verdict which will assure you that justice has been done to both sides and a verdict which will assure you of a clear conscience and peace of mind,” Mrs Batse concluded.

Return a not guilty verdict

Defence lawyer Phoebe Ampofo Ofori holding brief for Paul Assibi Abariga while taking their turn to address the jury urged the jury to return a verdict of not guilty for their client.

According to the defence, the accused person is a hard-working man who was staying in the United Kingdom and through his hard work used his earnings to build houses in various locations in Accra to rent.

Counsel said, the accused rented one of the said properties at Ofankor Spot ‘M’ to the deceased from May 24, 2018, for two years

Counsel said, from the tenancy agreement, the deceased agreed with the accused that after six months he would have the right to inspect the property

According to the defence, the accused in an attempt to inspect the property as per the agreement was prevented by the deceased.

Counsel also said, the deceased being a Rastafarian had been smoking on the property and their client’s attention was drawn to it by neighbours about how the deceased was poorly using the facility.

The defence told the jury that, the accused pointed out to the deceased the agreement in the tenancy which allows him to inspect the property.

Counsel said, that on that fateful day, the accused had no intention of shooting at the deceased to kill him but went to the premises to speak to the deceased.

Counsel said it was rather “unfortunate the victim died from a natural cause” and that the accused is not guilty of murder as defined by law at the end of the trial.

It was the case of counsel to the jury that, the accused was only trying to take care of his family and aged parents and implored the (jury) to choose life when it gets to the point where you have to make a decision.

By Court

Justice Marie-Louise Simmons, the presiding judge, acknowledged that the prosecution had filed for disclosure documents except the witness statement of John Bosco Kotah.

To this end, the case was adjourned to October 12 for the Case Management Conference and October 17 for the prosecution to call their first witness to give Evidence.