Chapter 18: Chapter 18
AbenaKwabena@Law Chamber was a prominent legal firm in the central hill of Accra. A glass-exposed one storey architectural showpiece housed the nation’s finest blend of luminary brains in almost all departments of the profession. This was the firm, Lawyer Abena Agyeiwaa (J.S.D.), lecturer and expert in Criminal and Homicide Law established when she relocated from the United States to Ghana. They touted themselves as having won every legal case they have engaged in since its inception. Young graduates struggled to do internship at the firm. Lawyer Abena Agyeiwaa always says that an important part of the company’s culture was having smart lawyers as well as maintaining good people in the company. Indeed, their broad culture was about teamwork, supporting others and working together to provide the best service for clients. Lawyers at AbenaKwabena@Law Chamber highlighted team mentality and everyone wanted each other to succeed. Even in a busy working environment, the staff’s sense of camaraderie reinforced the company’s care about career development.
Abena Agyeiwaa pushed forward to rest her two elbows on the glass table. Seated in front of her was Rita Martinson. The lawyer was guiding her to understand the notice of appeal, which has been written on a two A-4 sheets.
IN THE SUPERIOR COURT OF JUDICATURE
IN THE SUPREME COURT OF JUSTICE
ACCRA, GHANA-AD, 2017
WRIT NO. JI/S/APP-104
NATIONAL APPELLATE COURT OF APPEALS-2017
NOTICE OF APPEAL
THE REPUBLIC OF GHANA (Plaintiff)
And
JOBSON MARTINSON (Defendant)
Now JOBSON MARTINSON (DEFENDANT) hereby gives no-tice that he is appealing the CONVICTION AND CAPITAL PUNISHMENT METED OUT TO HIM in a decision entered by an Adentan High court on the TWENTY-SECOND DAY of MARCH, TWO THOUSANDTH CENTURY AND SEVENTEENTH YEAR.
To the Supreme Court of Judicature, Accra-Ghana
ATTORNEY FOR APPELLANT: Dr. Abena Agyeiwaa, Pro Se,
ATTORNEY’S GHANA REGISTRATION NUMBER: 3065AC2876
AREAS OF SPECIALIZATION: Criminal & Homicide Law, fraud & Forgery, M & A, Infrastructure, Joint Venture & Incorporation, Corporate Secretarial Services & Tax Filing, Trademark Registration Service.
LANGUAGES: TWI, EWE, GA, FRENCH, GERMAN, SPANISH, ENGLISH
ATTORNEY’S ADDRESS: ABENAKWABENA@LAW CHAMBER TM/97/1 Ansah-Antwi Road, Accra.
TELEPHONE: +233-0-510-366-231, +233-0-940-490-887, +233-0-450-663-700
EMAIL:agyeiwaa@abenakwabena.com
WEBSITE: www.Abenakwabenalaw.com
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Notice of Appeal was served by regular mail upon
JUSTICE 2LLA MANSO, (CHIEF JUSTICE, PRO SE PROSECUTOR AND COUNSEL FOR THE REPUBLIC OF GHANA)
ATTORNEY’S REGISTRATION NUMBER: 1962AB0160
ATTORNEY’S ADDRESS: Ministry of Justice, Private Mail Bag, General Post Office, Accra-Ghana
TELEPHONE: +233-0-123-456, +233-0-654-321
EMAIL: 2lla@moj.gov.gh
WEBSITE: www.moj.gov.gh
This FOURTEENTH DAY OF APRIL, 2017
Name and signature of Dr. Abena Agyeiwaa (ATTORNEY FOR APPELLANT, Pro Se) boldly printed on the second paper.
Dr. Abena Agyeiwaa tried to explain the reason behind the issuing of the Notice of Appeal to Rita. “I think we are issuing this document within the stipulated 30 days from the trial judgement, which is a good point. Actually, we have to move fast to deliver the original copy of this document to the clerk of the High court that delivered the trial judgement. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. Sometimes working with these legal people can be frustrating, madam. A copy shall be sent to the prosecuting lawyer as well.” Rita was all along quiet. She broke the silence and asked. “Lawyer, in a scale of 10, what are our chances in this appellate case?” “You know, Mrs. Martinson, I wouldn’t have taken up this challenge, if I have any reason or reasons to believe that you have a bad case.” Lawyer Agyeiwaa reassured her.
“Agoo, agoo, agoo.” The cell phone rang: one, two three times. She picked and removed the handset from the charger. “Abena Agyeiwaa of Abenakwabena@law. Who is this?” A soft smooth tone echoed from the other end. “My name is Ama Donkor, a final year Law student at the National University of Ghana.” “Yes Ama, What can I do for you?” “Doc., I have some information concerning Jobson’s case which I want to discuss with you.” “Okay, but we cannot talk about this on phone. At the moment I am in a meeting. I will see you this afternoon on campus, alright!” Ama agreed with Dr. Agyeiwaa and hung up. The lawyer directed her attention to Rita once again.
“Sorry, Madam Rita. Where were we?” She tossed up the Notice of Appeal documents and glanced through them momentarily. “Yea, Madam Rita. Like I was saying before the call came through, you stand a chance of re-versing the judgement in your son’s favour. At least, we could mitigate judgement from death to life imprisonment or something.” Rita then wiped her eyes with a kerchief and asked. “Hmmmm….I hope so. I pray that something good comes out of this. After all, it is better to try and fail than to sit cross-legged and do nothing.” “Great!” Abena Agyeiwaa reacted. “I like your spirit.” She smiled at Rita, who smiled back at her. She continued. “Actually, making appeal in these cases does not require a do-over trial; we are not introducing any new evidence to the proceedings, rather we are only prompting the appeal judge of some facts that were there at the beginning but were overlooked. That is all. Indeed, these facts would be stated and explained clearly in the Legal Brief, which the court will request in due course. I pray that, we will be given the chance to argue our case orally in front of the panel of eminent judges. It will not change anything, but sometimes it helps to defend orally.”
Rita had wanted to know the length of time it will take to complete all these appeal shenanigans. Her words coinci-dentally collided with that of the Lawyer. Rita apologised and insisted that Lawyer Agyeiwaa should complete her statement. Lawyer Agyeiwaa explained to Rita the way forward after the notice of appeal. “The write up is al-most ready. I have a lecture this afternoon at the University. One of my students called earlier to provide some information related to Jobson’s case. I would meet her after lectures and hope to round up everything this evening. I trust that by close of work tomorrow the filing of the Notice would have been done. The rest is to wait for the reply from the Supreme Court.” ‘In that case, I will take my leave and hope to see you later tomorrow to find out the outcome.” Rita summarised. “Alright, that is fine with me.” The lawyer resolved.