BADU ALIAS BUKARI v. THE REPUBLIC

JUDGMENT OF ANIN J.A.

Anin J.A. delivered the judgment of the court. The appellant was charged and tried (together with three others, the non-appellants herein) summarily before the Accra Circuit Court presided over by his honour, Judge Atta-Fynn, on a first count of conspiracy to rob and a second count of robbery, contrary to sections 23 (1) and 149 respectively of the Criminal Code, 1960 (Act 29). The particulars of offence alleged that the accused persons on 3 July 1972 at Accra agreed together with a common purpose to commit a crime, to wit robbery; and did rob one Mrs. Margaret Okyere of one Peugeot 404 car No. GK 2408 valued at ¢4,900.00. The salient facts as disclosed by the evidence of the five prosecution witnesses were that the complainant parked and locked her car at about 8.30 p.m. at the Marine Drive beach near the Independence Square. She had gone there to pray, accompanied and led in prayers by Prophetess Comfort Mensah. After prayers, the ladies were returning to their parked car when they saw the first three accused persons (led by the appellant herein carrying a gun) standing by the car. As the complainant reached for her ignition. key, the accused persons suddenly pounced on her and her companion, the prophetess. The appellant, who was then wielding a gun, ordered the ladies to surrender all the money they had on them. The complainant retorted that they carried no money on them; but the appellant threatened that unless they obeyed his order forthwith and surrendered all their money, they would be killed instantly. Fearing for her dear life, the complainant was constrained to give up all she had on her, which consisted of the princely sum of 50 pesewas. Not satisfied with the booty, the appellant demanded with threats the complainant's ignition key; and after this had been reluctantly surrendered, the first three accused persons entered the car and drove it away leaving the stranded ladies behind at the beach to bemoan their loss and contemplate their misfortune and harrowing experience. Recovering from the shock, they made a report to the police who mounted an intensive search and succeeded in arresting the accused persons while in the act of selling the stolen car to a buyer. The fourth accused person was the spokesman for the gang during the abortive negotiations for the sale of the stolen car; and he faced an abetment count at the joint trial. In his judgment, the learned circuit judge held that the case for the prosecution against t