JUSTICE ANNAN v. THE REPUBLIC

This is an appeal by the Appellant against the judgment of the Circuit Court, Agona

Swedru, presided over by His Honour N.K.E. Osam. The learned trial judge tried and

convicted the Appellant on 23rd December, 2010 and sentenced the Appellant to 25

years imprisonment with hard labour. Being aggrieved by the said conviction and

sentence, the Appellant filed a Petition of Appeal on 18th December, 2021 pursuant to

an extension of time granted by the Court (differently constituted) on 13th October,

This appeal is premised on the following grounds:

a. That the conviction of the Convict/Appellant was unreasonable and cannot be

supported having regards to the evidence adduced at the trial.

b. That the standard of proof of guilt of the Appellant required by law was NOT

reached at the trial.

c. That the Appellant’s defence was not adequately considered by the said trial court.

d. That the method of identification of the Appellant was not only most

unsatisfactory but also prejudicial to his case.

e. That the defence of alibi as put forward by the convict/appellant was not

adequately and thoroughly inquired into with the erroneous impression foisted by

the court that the Appellant defence had failed.

ALTERNATIVELY

f. That the sentence imposed on the convict/appellant was harsh and excessive

having regard to the circumstances of the case.

The facts are that, the Complainant (P.W. 1) is a driver who lives in Accra whiles the

Appellant is a businessman who stays at Agona Inkoom. On the 3rd day of December,

2008 at about 7:00pm, the Complainant was on his usual rounds around the Obetsebi-

Lamptey Circle when the accused and one other at large hired him to escort a KIA

truck that was carrying lumber for them. The Appellant sat in the front seat and his

accomplice sat directly behind the Complainant at the back seat.

On reaching Agona Swedru, the Appellant and his accomplice asked the Complainant

to drive them to Gomoa Afransi. At Afransi the Complainant was told to continue

further to Gomoa Akwamu. At the outskirts of Gomoa Akwamu, the accomplice

grabbed the Complainant by the neck and tightened him to his seat, and he started

cuꢀing the throat of Complainant with a knife. The Appellant alighted from the front

seat ran to the driver's side and pulled the Complainant out of the taxi. The Appellant

also stabbed the Complainant on the neck with a kitchen knife.

When the two realised that Complainant had become unconscious, they left him on

the g