Faisal Mohammed Akilu & 2 Ors. v. The Republic

DZAMEFE, JA

This is an appeal by the 2nd appellant, Faisal Mohammed Akilu, hereinafter referred to as the appellant, against the judgment of the High Court, Accra, dated 27th January 2010. The appellant was charge with the following offences; -

Count 1 Statement of Offence Conspiracy to commit crime, namely robbery contrary to Section 23(1) of the Criminal Offences Act 1960, Act 29. Particular of Offence The particulars are that on 29th January 2009 at about 11pm at Kawukudi, near Nima in the Greater Accra Region did act together to rob Mohammed Aziz.

Count 2 Statement of Offence Robbery contrary to Section 149 of the Criminal Offences Act 1960 Act 29. Particulars of Offence The particulars are that on that same 29th January 2009, at about 11pm at Kawukudi, near Nima in the Greater Accra Region, did rob Mohammed Aziz of cash the sum of Gh¢40 and his car.

All the accused pleaded not guilty to the charges.

Facts The Complainant Mohammed Aziz is a driver of taxi cab No. GT 4876 S and resident at Nungua Accra.

On 29th January at about 11pm while working around the Nima Police station area the four accused persons hired his services to Nyaho Clinic.

At Kawukudi junction towards the M-Plaza hotel the accused persons attacked the complainant and took his sales of Gh¢40, 00. With a locally manufactured pistol aimed at him, they ordered him out of the vehicle and attempted to drive it away but the accused persons could not move the car.

The complainant then shouted for help and three of the accused persons fled the scene leaving behind the 1st accused who could not immediately open his side of the door to enable him escape.

A struggle ensued between complainant and the 1st accused with the accused aiming his pistol at the complainant.

Complainant was helped by a retired army officer to overpower the accused who was arrested and sent to the police station.

1st accused mentioned the other accused persons as his accomplices and led the police to his house where police succeeded in arresting 2nd and 3rd accused persons while 4th accused escaped and still remains at large.

Prosecution to make its case called the complainant Mohammed Aziz and the investigator Detective Lance Cpl Prince Sotama while the accused persons called no witness.

The complainant Mohammed Aziz, a taxi driver, in his evidence told the court on 29th January 2009 at about 11pm while driving his taxi No. GT4876 X towards the Nima Police Station met 4 boys who stopped him and asked to hire