<u>Ackaah-Boafo, JA </u>
i. Overview:
[1] My Lords, upon reviewing the Record of Appeal (ROA), I wish to state unequivocally that no one directly involved in this case can take pride in or be satisfied with the process that led to the conviction and sentencing of the accused/appellant. It cannot be gainsaid that the single most crucial feature of any criminal prosecution is the guarantee of a fair trial. The integrity of the justice system is anchored in the impartiality of the judiciary, ensuring that justice is served to all persons. Every individual charged and brought before the courts of this country must be given the opportunity to present their defence and respond to the charges against them. This is because the right to a fair trial is a fundamental human right enshrined in Article 19
ii. Material Facts:
[2]** The trial facts presented in this case, which appear on page 2 of the Record of Appeal (ROA), along with a summary of the evidence, state that the robbery, which is the subject matter of the criminal charges, took place on January 20, 2010, at approximately 10:35 p.m. The complainant, Richard Aniefiok Achibong, had just returned home from work in his Range Rover 4x4 (registration number GW 3151-09). Upon arriving at his residence in Tema, he opened his gate, parked his vehicle in front of his garage, and was about to step out to lock the gate when he noticed two armed men — one of whom was the Appellant, David Agbanyo, and the other, John Kofi Fiagbedzi, alias "Spider" — approaching. Each man was holding a pistol. Sensing danger, the complainant quickly locked his car doors using the central lock and sounded the car's horn to raise an alarm.
[3] According to the prosecution, as this was happening, a third armed man, carrying a pump-action gun, joined the other two. The assailants surrounded the vehicle, and the man with the pump-action gun, along with one of the pistol-wielding men, aimed their weapons at the complainant. They demanded that he unlock the doors, stop honking, and raise his hands. Eventually, the complainant complied and unlocked the vehicle. At this point, the Appellant, David Agbanyo, entered through the passenger door and demanded money from the complainant. When the complainant responded that he had no money, the Appellant ordered him to take them inside the house.
[4] However, the complainant claimed that the house keys were at the gate, as the padlock required the gate to be locked before t
