Faisal Mohammed Akilu & 2 Ors. v. The Republic

Faisal Mohammed Akilu, the 2nd accused, appealed his conviction and 15-year sentence for conspiracy to commit robbery and attempted robbery arising from a late-night incident near Kawukudi in Accra. Mohammed Aziz, a taxi driver, testified that four passengers stopped his engine, removed the ignition keys, brandished a locally manufactured pistol, compelled him to hand over GH¢40, ordered him out, and attempted to drive off. Aziz’s shouts drew a retired army officer who helped arrest 1st accused Jonathan Akrofi Boahene; police later arrested Akilu and 3rd accused Evans Addison, with the 4th at large. On appeal, Akilu argued mere presence, juvenile status, and sentencing errors. The Court of Appeal, per Justice Senyo Dzamefe JA, re-evaluated the evidence, held that conspiracy is proven through coordinated acts, rejected the mere-presence argument, found the appellant failed to prove juvenile status, and affirmed the statutory minimum sentence for robbery involving an offensive weapon. Presiding Justice R. K. Apaloo concurred, stating he preferred Dzamefe JA’s analysis; the appeal was dismissed.