MOHAMMED HAMIDU v. REPUBLIC
April 30, 2019
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU J.A. (PRESIDING)
- DZAMEFE, J. A.
- WELBOURNE (MRS), J. A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
April 30, 2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Margaret Welbourne JA, writing for the Court of Appeal, upheld the conviction and thirty-year sentence of Mohammed Amidu, a motor repairer, for conspiracy to commit robbery and robbery at a galamsey site near Manso-Nkwanta. On 19 August 2011, Amidu and an accomplice, unmasked and armed with a pump-action gun, confronted George Sarpong and Prince Morris Manu, threatened them—asking “Are you ready to lose your life?”—and forcibly took a waist bag containing 54 pounds of gold valued at GH¢40,000 before fleeing on an unregistered Haodjin motorbike. Both complainants independently identified Amidu to police and in court. Addressing grounds alleging failure to prove guilt, excessiveness of sentence, and error by the appellate High Court, the Court discussed the burden of proof, the inferential nature of conspiracy, identification evidence, and sentencing discretion, including Article 296. Given Amidu’s prior firearm-related history and the aggravated circumstances, the Court found the prosecution proved guilt beyond reasonable doubt and that the thirty-year sentence was justified within statutory minima and deterrence aims, dismissing the appeal in its entirety.
JUDGMENT
WELBOURNE, JA
BRIEF FACTS:
The complainants Prince Morris Manu and George Sarpong are both businessmen. They reside at Manso Abore and Manso Adubia respectively. The accused person is a motor repairer and he resides at Sepe Timpom in Kumasi.
On the 19th of August, 2011 between the hours of 4.30 p.m. and 5.30 p.m., the accused person and one other at large who were unmasked and also armed with a pump action gun went to a galamsey site near Manso-Nkwanta and attacked the complainants and other workers at the site.
They gave warning shots and ordered the second complainant to surrender the bag which was around his waist to them. The bag contained 54 pounds of gold which were valued at Forty Thousand Ghana Cedis (GH₵40,000.00.).
The second accused, now at large pointed the gun at the second complainant and forcibly removed the waist bag on him,
They gave several warning shots to ward off resistance from complainants and those around and bolted away on an unregistered Haodjin motor bike.
A report was made to the police and the accused persons were pursued. Through phone calls, other people were alerted about the robbery. The accused persons were intercepted at Trabuom near Nkawie by some boys. The first accused was arrested while the second accused person managed to escape arrest. After full investigations by the Police, the accused persons were subsequently charged with the following offences:
COUNT ONE
STATEMENT OF OFFENCE
CONSPIRACY TO COMMIT ROBBERY: Contrary to section 23(1) and Section 149 of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE:
MOHAMMED AMIDU, MOTOR REPAIRER AND ONE OTHER AT LARGE: On or about the 19th of August, 2011 at Manso-Nkwanta in the Ashanti Region and within the jurisdiction of this court, with the force and the use of gun, you did act together to steal Fifty-Four (54) pounds of gold valued at GH₵40,000.00 the property of one George Sarpong and one Prince Maurice Manu.
COUNT TWO
STATEMENT OF OFFENCE
ROBBERY: Contrary to Section 149 of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
MOHAMMED AMIDU, MOTOR REPAIRER AND ONE OTHER AT LARGE: On or about the 19th of August, 2011 at Manso-Nkwanta in the Ashanti and within the jurisdiction of this court, with force and use of a gun, you did steal Fifty-Four pounds of gold valued at GH₵40,000.00 the property of one George Sarpong and one Prince Morris Manu.
At the conclusion of the trial, the learned trial judge found the accused pe