ISSAKA ABUBAKAR vrs THE REPUBLIC

1.0 INTRODUCTION

1.1 This criminal appeal arises from the judgment of the High Court, Accra, dated 22nd March 2011. The Appellant along with five others, was convicted of robbery and conspiracy to commit robbery. After considering all the circumstances of the case, the trial Judge sentenced the Appellant and his co-conspirators of 40 years of imprisonment with hard labour (IHL) on each count to run concurrently.

1.2 Having served nearly 14 years of his sentence, the Appellant sought and was granted leave to file the present appeal. In this appellate court, he seeks

to have his conviction set aside or, in the alternative, a reduction in the sentence imposed by the High Court.

2.0 BACKGROUND FACTS

2.1 The events leading to the conviction of the Appellant and his coconspirators occurred on the night of 11th March 2007, at approximately 2.00 a.m. The complainants, Emmanuel Ankumah, a businessman (PW2), and Faustina Kumi, a trader (PW1), were asleep in the boys’ quarters of a house at Pokuase when they noticed flashes of light through their window.

2.2 Believing it to be the security guard patrolling the premises, PW 1 called out but received no response. As she approached the door to investigate, a loud bang suddenly forced it open, bringing her face-to-face with the perpetrators of the crime.

2.3 The intruders forcibly dragged PW 1 into the bedroom where PW 2 was sleeping. They subjected him to severe beatings, tied him up, and demanded money. Meanwhile, four of the perpetrators then took PW 1 into the main house where they forcefully broke into her mother’s locked room using metal objects and blocks. They ransacked the entire residence, searching for valuables and stealing various items, including mobile phones, clothing, shoes, DVD players, jewelry, and an unspecified sum of money in both local and foreign currencies. Before leaving the room A2, A3, A5 and A6 raped PW 1.

2.4 During this time, PW 2 remained tied up in the boysquarters for approximately 40 minutes. Three other intruders later entered the room, and one of them stole his shirt and shoes. Shortly after, PW 1 returned to inform PW 2 that the intruders had left. The complainants then proceeded to lodge a complaint with the police.

2.5 Following investigations, the perpetrators were arrested at their hideout and later the 2nd, 3rd, 4th, 5th and 6th accused were identified by the complainants during an identification parade. During police i