BENJAMIN DANKWAH & ANOR v. THE REPUBLIC

This appeal arises from the High Court, Kumasi, where Benjamin Dankwah, a driver, and Akwasi Prempeh, a driver’s mate, were charged with conspiracy to commit robbery and robbery for taking Kwabena Takyi’s Opel Kadett taxi. Both pleaded “guilty with an explanation,” and were convicted and sentenced to 24 years IHL on each count, to run concurrently. The record of appeal lacked prosecution facts and, critically, did not record any explanation from the appellant. On appeal, counsel for the respondent acknowledged the record’s incompleteness under Section 171 of Act 30 and supported relief due to substantial miscarriage of justice. Applying Sections 171(2) and 199(3)-(4), the Court of Appeal held that the trial judge’s failure to record the explanation after a plea of “guilty with an explanation” was a statutory breach. The conviction and sentence were quashed, and, given Dankwah’s incarceration since 2007, the court acquitted and discharged him rather than ordering retrial.