KOFI JONAS@ ODOI & ORS v. THE REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- CECILIA SOWAH, J.A.(PRESIDING)
- ANTHONY OPPONG, J.A.
- ANGELINA MENSAH-HOMIAH, J.A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision, authored by Justice Anthony Oppong, arises from an armed robbery at the home of PW1, a former Akwapim South DCE, in which masked assailants abused PW1, his wife, and PW2 and stole cash, electronics, cards, jewelry and other items. The Circuit Court “B” Koforidua convicted three appellants and imposed concurrent 18‑year sentences; the High Court affirmed. On second appeal, the Court criticized counsel’s trivial arguments about date and location but focused on the decisive issue of identity. It held that the High Court erred by treating failure to prove alibi as supporting conviction, reaffirming that the prosecution must prove identity beyond reasonable doubt under Evidence Act section 11(2) and the presumption of innocence. Contradictions in witness descriptions (bowlegged/limping) and the absence of an identification parade, despite masks and no prior familiarity, rendered dock identification unsafe. The Court set aside the convictions and acquitted the appellants.
ANTHONY OPPONG, J.A.
The appellants were arraigned before the Circuit Court “B” Koforidua in the Eastern Region on charges of conspiracy to commit crime, to wit, robbery contrary to section 23(1) of the Criminal Offences Act, 2006 (Act 29) and robbery contrary to section 149 of Act 29. The appellants pleaded not guilty to these charges. After the trial of the case, the Court delivered its judgment on the 20th July 2018. In the said judgment the appellants were convicted and sentenced to eighteen years on each of the counts to run concurrently.
Dissatisfied with the said judgment of the Trial Circuit Court, the appellants filed an appeal to the High Court. On the 28th November 2019, the first appellate court, the High Court affirmed the decision of the trial Circuit Court. The appellants who are aggrieved by the judgment of the High Court have appealed to this court against the conviction and the sentence on two main grounds, namely:
1. The conviction is unreasonable or cannot be supported having regards to the evidence adduced at the trial
2. Both the Trial Court and the High Court failed to consider the defence of the Appellants and thus occasioning substantial miscarriage of justice.
Before discussing the merits and demerits of this appeal, making reference to the brief facts of the case at this stage will not be inapposite.
The complainant was at one time the District Chief Executive (DCE) for Akwapim South District Assembly. The 1st and 2nd Appellants are a fashion designer and a carpenter respectively. The 3rd Appellant is a farmer and a friend to the 1st and 2nd appellants.
On the 14th November 2016, the appellants together attacked the residence of PW1 in the night at about 2:30am with two locally manufactured single barrel short guns, one pistol, a double barrel gun and a machete. When they managed to break into the house with the aid of cement blocks they manhandled and physically abused the complainant, his wife and son. After subjecting them to some inhuman treatment, they demanded the release of all monies in their possession. When the victims explained that they had no monies on them at home they were threatened at gun point. After about an hour and half of operation in the complainant’s residence, including ransacking the entire house they took the following items from the family:
Cash sum of GHC1,870.00, three(3) RLG laptops, three(3) Infinix mobile phone valued at GHC600.00 each, two(2) Xtigo mobile phones, one(1) Nokia mobile pho