FRANCIS KODJO FIEBOR v. THE REPUBLIC

J U D G M E N T

DENNIS D. ADJEI (JA)

The appellant was granted leave by this Court on 23rd November, 2009 to appeal against both conviction and sentence imposed on him by the High Court, Ho on 16th April, 2002. The petition of appeal was filed by the Appellant on 2nd December, 2009.

The historical antecedents of the case are that the Appellant and one Noble Agbleke @ Crazy were charged with the offence of robbery contrary to Section 149 of the Criminal Code Act 29/60 as amended by NLCD 398 paragraph 8. The particulars of offence were that on 30th November 1998 at Akanu near Dzodze in the Volta Region, the appellant and one Noble Agbleke acted together and robbed Mawuli Aleke of his motor bike with Registration No. TG-E 5649 valued at GH¢100.00 and a carpet valued GH¢14.00 at gun point. On 6th December, 2001 the Community Tribunal, Ho, committed the two accused persons to stand trial at the High Court, Ho. The accused persons pleaded “not guilty” to the offence of robbery at the High Court, Ho. On 21st March 2002, the fact given by prosecution in Court were that on 30th November, 1998 at about 2.00 pm, the Complainant Mawuli Aleke, a Togolese and his sister came to Dzodze market on a motor bike with No. TG-E 5469 to buy a floor carpet. At about 4.30 pm, when they were returning to Togo through Akanu on the motor bike, the accused persons came out from the bush with a pistol and cutlass. It was Noble Agbleke who was holding the pistol and told the Complainant to stop or he would shoot him. The Complainant out of fear jumped from the motor bike and took to his heels. The accused persons took the motor bike away. The Complainant and her sister lodge a complaint with the Police at Dzodze. With the assistance of some witnesses who later gave evidence in the case, the motor bike was found at Lomnava. The 1st accused person was identified as one of the two persons who brought the motor bike to Lomnava and abandoned it there. The 1st accused person who was then serving a two year jail sentence at Ho prison was identified as one of the accused persons. The Appellant herein was also arrested at Dzodze by the Police.

The prosecution called five (5) witnesses and after the close of the case for the prosecution, the trial High Court Judge ruled that the prosecution had established a prima facie case and called upon the accused persons to open their defence. The accused persons gave their evidence and closed their case. On the 16th day of April 2002, the jury found t