IBRAHIM RAZAK & KENNEDY YEMOAH v. THE REPUBLIC
2012
SUPREME COURT
GHANA
CORAM
- AKUFFO, (MS) JSC (PRESIDING)
- DATE-BAH, JSC
- ANSAH, JSC
- BONNIE, JSC
- BAMFO,(MRS) JSC
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Five armed men attacked three homes in West Anaji, Takoradi, on 27 July 2005, robbing the households of George Peter Ward and Christiana Lee Ward, Mr. and Mrs. Cudjoe, and Edmund Aboagye. Police arrested Ibrahim Razak and Kennedy Yamoah weeks later. Witnesses observed the unmasked robbers under a fluorescent bulb and later identified the appellants at police identification parades based on features like low haircuts and height. The High Court convicted both, imposing life imprisonment; the Court of Appeal affirmed the convictions but substituted 30-year sentences, finding the maximum too high. On further appeal, the Supreme Court applied Turnbull identification guidelines, rejected the tallness and alibi arguments, found the identification reliable, upheld concurrent factual findings, and affirmed the 30-year sentences, dismissing the appeal.
J U D G M E N T
ANSAH JSC:
At their trial at the High Court, Sekondi, each of the two accused persons, was charged with a count of the offence of
Count one
Statement of offence
ROBBERY: Contrary to section 149 (1) of Act 29 of 1960 as amended by Act 646;
Particulars of offence.
1 Ibrahim Razak: 2 Kennedy Yamoah: for that on the 27th day of July 2005, at West Anaji, a suburb of Takoradi in the Western Region of Ghana and within the jurisdiction of this court did use force and threat with intent to overcome any resistance in order to steal properties belonging to Mr. and Mrs. Cudjoe valued at ¢8 million.
Count Two.
Statement of offence.
ROBBERY: contrary to section 149 (1) of Act 29 of 1960, as amended by Act 646;
Particulars of offence
1, Ibrahim Razak; 2 Kennedy Yamoah: for that on the 27th July 2005, at West Anaji, suburb of Takoradi in the Western Region of the Republic of Ghana and within the jurisdiction of this court did use force and threat with intent to overcome any resistance in order to steal properties valued at about ¢13 million belonging to Mr. and Mrs. Ward of House Number 6/790 Street, West Anaji.
Count Three.
Statement of offence
ROBBERY: Contrary to Section 149 (1) of ACT 29 of 1960 as amended by Act 646:
Particulars of offence
1 IBRAHIM RAZAK 2 KENNEDY YAMOAH: for that on the 27th of July, 2005 at West Anaji a suburb of Takoradi in the Western Region of the Republic of Ghana and within the jurisdiction of this court did with intent to overcome any resistance in order to steal properties valued at ¢5 million belonging to Mr. and Mrs. Aboagye of House Number PLT 48, West Anaji.”
The facts upon which the charges were laid against the accused were that, in the small hours of 27th July 2005, five men with one of them wearing a mask, attacked the complainants in three houses within a 100 meters radius at West Anaji, a suburb of Takoradi, and succeeded in making away with properties valued at ¢8 million the properties of Mr. and Mrs. Cudjoe, properties valued at ¢13 million belonging to Mr. and Mrs. Ward of House number 7/90, West Anaji, Takoradi. That same day the two accused robbed Mr. and Mrs. Aboagye of House Number PLT 48, West Anaji, of properties valued at ¢5million.
On 17th August 2005 the 1st accused was arrested upon a tip-off to the police; the second was to suffer the same fate on 24th August 2005.
At an identification parade carried out by the police, the two accused persons were identified by the Prosecution Wit