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JUDGMENT
ABBAN, J .A.:
This is an appeal against the judgment of the High Court (FTC) Accra, dated 10th November, 2011.
The matter came up on appeal from the Circuit Court.
The Circuit Court had tried and convicted 10 others in the Criminal case in tu tiled DSP Patrick Kwapong and 11 others ......................suit no: D 2/ 135/09 on 17th November 2009 and sentenced each accused to 20 years for the offences of conspiracy to rob and robbery which sentences were to run concurrently.
The present Appellant's sentence was reduced to 15 years by the High Court (FTC). The grounds of appeal are as follows:
i) The learned judge erred when he failed to appreciate that the appellant had only obeyed lawful orders of a superior officer.
j) The Appellant raised reasonable doubt to secure his acquittal and discharge from the charges of conspiracy to rob and robbery.
c) The learned judge erred when he concluded that failure to wear name tag on his dress, inter alia, were sufficient to convict the Appellant on a charge of conspiracy to rob.
iv) Further grounds may be filed upon receipt of proceedings.
No further grounds having been filed, the appellant is relying on three (3) grounds of appeal.
The appellant, who is the 7th Accused at the trial court pleaded not guilty to the charges of conspiracy to rob and robbery contrary to sections 23 and 149 of the Criminal Offences Act, 1960 (Act 29). The facts from the Prosecution show that a Ghanaian [PWI] domiciled in Switzerland arrived in Ghana on 1st February 2009 to be assisted by 8th Accused to buy gold.
PWI checked in at Relax Court Hotel at Dzorwulu.
On 2nd February 2009 at 10am the 8th Accused together with the 10th Accused (at large) went to see the PWI at that Hotel.
While in the Hotel, 8th Accused locked the door and in his absence AI2 pointed a pistol at PWI.
PWI disarmed AI2 and escaped through the window.
The facts continue that outside the room A2 and others assaulted the PWI and AI2 removed money from PWI's pockets while another group ransacked PWI's hotel room and looted his personal belongings.
PWI was bundled into a blue Mercedes Benz Saloon car and sent to the Tesano Police depot and put before A1 in the person of DSP Kwapong. DSP Kwapong (A1) demanded USD 30,000.00 from the PWI.
It is the appellant - Constable Blejumah's case that he was ordered by AI (DSP Kwapong) to go with AS and A? to arrest PWI who was in the hotel in Dzorwulu to deal in narcotic drugs.
A 1 was the Second in command of the R