KWAME TORPOR v. THE REPUBLIC

The Court of Appeal, per S. R. Bernasko Essah, J.A., reviewed an appeal arising from a 2009 armed robbery near Dzodze, where the Appellant and an accomplice impersonated immigration officers and robbed three victims—Azakpa Kofi, Agbogli Roderick, and Azuma Korla—of phones, cash, and a Sanya motorbike. The Appellant was convicted in the Circuit Court and sentenced to 53 years’ imprisonment, later reduced by the High Court to 25 years. On appeal, the Appellant argued that the charge sheet was defective for duplicity, and that the High Court failed to consider mitigating factors and time spent in custody under Article 14(6). The Court acknowledged the charge sheet did not perfectly comply with section 109(1) of Act 30 but held that technical defects do not warrant reversal absent demonstrated prejudice per sections 31(2) of the Courts Act and 406(1) of Act 30. It further found that the High Court had considered the Appellant’s age via the State Attorney’s submissions. Citing Bosso v. Republic and Dexter Johnson v. The Republic, the Court treated the appeal as a rehearing, considered pre-sentence custody, and ultimately affirmed the 25-year sentence, with Ofoe, J.A., and Jananpare Bartels Kodwo, J.A., concurring.