OWUSU BANAHENE & OTHERS v. THE REPUBLIC

AYEBI J.A.

On 28th October 2008, the three appellants were charged before a Kumasi High Court on charges of conspiracy to steal and stealing. In count one, it was stated that the appellants between 2001 and 2008 did act together with a common purpose in committing an offence, to wit stealing contrary to sections 23(1) and 124 of the Criminal and Other Offences Act, 1960 (Act 29) as amended.

In count 2, it was recited that between 2001 and 2008, the three appellants stole quantities of iron rods and other building materials worth GH¢2,050,000 (two million and fifty thousand Ghana cedis) the property of Iron Birds Company Ltd. contrary to s.124 of Act 29/60. Similarly in count 3, all the three appellants were charged with stealing 19 tons of iron rods, the property of Iron Birds Company Ltd., Kumasi.

The third appellant Nana Akwasi Annor, alone in four other counts was charged with stealing various sums of money (belonging to Iron Birds Company Ltd.) which he collected on behalf of Iron Birds Company Ltd. from some customers and pocketed contrary to s.124 of Act 29/60. Thus in count 4, third appellant was charged with stealing an amount of GH¢5,000.00 he collected from F. Dotch Consult; in count 5, the amount is GH¢2,680.00 which he collected from Isaac Baidoo, a manager at Suame Branch of Cal Merchant Bank; in count 6, the amount involved is GH¢3,000.00 which he collected from one Frank Asiedu Boadi and in count 7, the amount is GH¢1,800.00 and was meant for the payment for chippings Iron Birds Company Ltd. purchased.

On their arraignment, the 1st and 2nd appellants who were present, pleaded not guilty to the charges in counts 1 to 3 against them. At the time, the 3rd appellant was at large and was being tried in absentia. In course of the trial, 3rd appellant was arrested and the trial continued after he was furnished with the record of proceedings and the witnesses were recalled for 3rd appellant to cross-examine them.

In an eighty-five (85) page judgment, the trial judge convicted the appellants. He sentenced the 1st appellant to 20 years I.H.L., the 2nd appellant to 10 years I.H.L., and the 3rd appellant to 15 years I.H.L. Dissatisfied with the judgment, the appellants appealed against it on two grounds themselves. The grounds are:

(i) The evidence adduced does not support the judgment.

(ii) The court erred when it convicted the appellants.

Later additional grounds were filed, this time by counsel for the appellants as follows:

1. The trial co