PATTERSON AHENKANG & OTHERS v. THE REPUBLIC

AYEBI J.A.

This appeal has its genesis in the Circuit Court, Nsuta in 2007. The facts of the case will provide proper appreciation of the charges against the appellants and I relate them briefly.

There is a school in Ashanti Mampong called Mensah Saahene International School. It was established and owned by Mensah Saahene who died on 1st September 1999. The complainant Mavis Owusu Aboagye is the widow of the late Mensah Saahene. She was at the time the proprietress of the school. She had one issue with her late husband.

The three appellants herein are the grandchildren of the late Mensah Saahene. There was a 4th accused person Kwadwo Bronya at the trial court. He was brought from Sekondi to Kumasi to heal his sick daughter of epilepsy. He lived in the house of the first appellant who was appointed the customary successor of the late Mensah Saahene. He also jointly obtained letters of administration with the complainant and one other in respect of the estate of the deceased.

On 9th June 2007, the appellants agreed together to prepare a document purported to have been written by the deceased husband of the complainant. The purpose of the letter was to put the fear of death in the complainant unless she handed over the school to the first appellant. To carry out the plan, 1st appellant drove the 4th accused, a very old man then aged 87 years to Mampong and pulled up near the school. He caused the 4th accused to go and enquire about the complainant. The 4th accused met the watchman who said he did not know the whereabouts of the complainant. The watchman secretly followed 4th accused until he entered the first appellant’s white Peugeot car No. WR 7787 C and he drove away to town.

At Mampong town, first appellant handed the 4th accused to the second appellant together with the draft of the threatening letter. Meanwhile the third appellant was waiting at a letter-writer’s place near the Mampong High Court. The second appellant led the 4th accused to the letter-writer. The 4th accused handed over the letter to the letter-writer and he typed it in the presence of the third appellant.

The second appellant who went to his drinking-bar close by returned to the letter-writer. After typing the letter, the second appellant took it and read through. The letter-writer did not put his stamp on it. The second and third appellants caused the letter to be enveloped and addressed to the proprietor of the Mensah Saahene International School. They gave it to the 4th accuse