BEN OKEKE v. THE REPUBLIC
2012
SUPREME COURT
GHANA
CORAM
- AKUFFO[MS.],(JSC),(PRESIDING),
- ADINYIRA [MRS.], JSC
- OWUSU [MS], JSC
- YEBOAH, JSC
- GBADEGBE, JSC
Areas of Law
- Criminal Law
- Criminal Procedure
- Evidence Law
2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court affirmed the judgment of the Court of Appeal, finding no substantial miscarriage of justice in the procedural errors claimed by the appellants. The court held that the trial was conducted fairly, and the evidence supported the convictions.
J U D G M E N T
SOPHIA A. B. AKUFFO (MS), JSC.
The appellants were charged with the offences of conspiracy to commit robbery contrary to sections 23(1) and 149 of Act 29, and robbery contrary to section 149 of Act 29. At the Sekondi High Court, they were tried on indictment and convicted of the offences. They were each sentenced to twenty-five (25) years IHL on each count to run concurrently. On appeal to the Court of Appeal, their conviction and sentences were affirmed. The appellants therefore brought a further appeal to the Supreme Court.
Brief Background
According to the Prosecution, the appellants are Nigerian citizens now resident in Ghana. On 21st December 2000 they arrived in Takoradi from Accra and continued to Tarkwa. They arrived in Tarkwa at about 10:00pm where they were led by a man by name C.K. to Akoon Small Mining Company. Armed with a single barrel shot gun, an axe, a jack knife and a quantity of ammunition, the appellants together with certain other persons attacked the security officers on duty. The appellants beat up these officers and afterwards made away with a gold weighing machine valued at ¢12 million (old Cedis) and a quantity of gold concentrate. The appellants then continued to Wasa-Manso where they attacked the home of a prosecution witness and his family. The appellants hit the witness on the head and he fell down unconscious. They subjected his wife to severe beatings after which they stole two travelling bags, a mobile phone and its charger, one kente cloth and a sum of ¢1.1 million. The appellants packed the items into the man’s vehicle and fled but abandoned the vehicle at a point after radio announcements had been made about the robbery. Fortunately the appellants were spotted by some town folks and were chased and apprehended and handed over to the police.
The grounds of appeal to the Supreme Court may be summed up as follows:-
1. There was non-compliance with Section 187 and 188 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) were not complied with therefore the committal proceedings were a nullity
2. The amendment to the Bill of Indictment after the close of the case for the prosecution has occasioned a substantial miscarriage of justice to the appellant
3. There was misdirection by non direction of the jury as regards alibi since the appellants claimed they had not been at the crime scenes
4. Failure to take the pleas of the Appellants in respect of count 3 was fatal to the Respondent’s