MAJID SEIDU v THE REPUBLIC
2024
COURT OF APPEAL
GHANA
CORAM
- JUSTICE SENYO DZAMEFE (MR.) J. A. (PRESIDING) JUSTICE GIFTY AGYEI ADOO (MRS.) J.A. JUSTICE KWEKU T. ACKAAHBOAFO (MR.) J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Majid Seidu was convicted with others of Conspiracy to Commit Robbery and Robbery, resulting in a 40-year prison sentence. The conviction was primarily based on a police caution statement, which Seidu contested, claiming it was involuntary. He also presented an alibi that was not considered during the trial. The Court of Appeal reviewed the case, considering the procedural lapses, particularly the improper handling of the alibi and the caution statement. The court ruled in favor of Seidu, overturning the conviction and sentence, and ordered his acquittal and discharge based on insufficient evidence and misapprehension of facts by the trial judge.
Ackaah Boafo, JA
i. Overview:
[1] My Lords, Majid Seidu, the Appellant was convicted with others of one count of Conspiracy to Commit Robbery and one count of Robbery; and sentenced to Forty (40) years in prison. Leave for extension of time to appeal was granted by the High Court in November 2021 and the appeal was immediately filed. From the Record of Appeal, I deduce that the trial judge based the convictions on the police Caution Statement of the Appellant, even though the Appellant raised issues with regards to the said statement. My Lords, based on the grounds of appeal filed and the submission of the Appellant, we are asked to consider whether the Prosecution proved the guilt of the Appellant beyond reasonable doubt and whether the trial judge materially misapprehended the evidence relating to the Appellant.
[2] Specifically, the Appellant together with four other accused persons were charged with the offences of Conspiracy to Commit Robbery contrary to Section 23(1) and 149 of Act 29/60 as amended by Criminal (Amendment) Code Act 646, and Robbery contrary to Section 149 of Act 26/60 as amended by Act 646. All the accused persons pleaded not guilty to both counts. The particulars of the offence stated that the Appellant and the other accused persons on 6th March, 2007 at ACP Pokuase, near Accra in the Greater Accra Region, agreed or acted together with common purpose to commit robbery. On the 2nd count, the particulars of the offence stated that 'You on the 11th March 2007 at about 2am at ACP Pokuase near Accra in the Greater Accra Region attacked one Emmanuel Ankumah and Faustina Kumi with pistols and machetes and succeeded in robbing them of 10 assorted mobile phones, clothing and shoes, 3 DVD players, unspecified cash in foreign and local currencies and jewelry'.
[3] In his reasons for judgment, the trial High Court judge stated that even though the accused persons denied in their defence that they robbed the complainants 'the second, third, fourth and fifth accused persons admitted and confessed in their respective statements to the police that they took part in the robbery at Pokuase in the evening of 11/3/2007'. The Judge thus dismissed the Appellant's evidence and convicted the Appellant of the offence of conspiracy to commit robbery and robbery and sentenced him to 40 years. The Appellant appeals against his conviction and sentence.
ii. Material Facts :
[4] Trial evidence showed that on March 11, 2007, at about 2:00 a.m., the 1s