HAYFORD OFOSU AMANING v. THE REPUBLIC

Hayford Ofosu Amaning, the 2nd accused, appealed to the Supreme Court from a Court of Appeal judgment arising out of a violent robbery and attempted murder incident on 19 February 2010 involving taxi driver Yaw Yeboah (PW1). The 3rd accused, Nana Kwame, hired PW1 from Kasoa to Agona-Swedru, where the group collected the 1st accused, Kwame Annan, and Amaning; en route to Agona-Nyakrom, the 3rd accused pulled a pistol, PW1’s hands were restrained, his belt was used to try to strangle him, and Amaning stabbed him, after which the assailants fled with the Opel Astra taxi believing PW1 dead. PW1 survived, received treatment, and later identified Annan and Amaning to police. The Circuit Court convicted on conspiracy, robbery, and attempted murder, imposing concurrent 20-year terms; the High Court dismissed the appeal and increased the sentence to 25 years. The Court of Appeal voided the attempted murder conviction for want of Circuit Court jurisdiction and restored the original 20-year sentences, affirming the rest. The Supreme Court, per Dotse JSC, rejected all remaining grounds, confirmed the Circuit Court’s jurisdiction to try robbery summarily under amended Section 149, held the charge sheet valid, found PW1’s identification and evidence credible, applied Article 19’s presumption of innocence and burden of proof, and dismissed the appeal.