2023
HIGH COURT
GHANA
CORAM
AI Generated Summary
This criminal trial in the High Court (Ho) concerned a violent nighttime robbery at the Sadaco House owned by Azi Ganyo alias SADACO (PW6). Six accused persons—Akwesi Owusu (A1), Haruna Taboloka (A2), Normesi Famous @ Norgbe (A3), Ahadzi Korku @ Borbor (A4), Eric Lumor @ Zingaro (A5), and Joseph Yao Afawubo @ Red (A6)—were charged with conspiracy, robbery, causing harm, causing unlawful damage, possession of ammunition without authority (A1), and threat of death (A5). The prosecution presented eyewitness testimony from residents (PW2, PW3, PW4) and the security guard (PW5), CCTV footage (Exhibit 6) showing assaults and break-ins, photographs (Items/Exhibits 58–63), seized items (AAA cartridges on A1; knives and clothing with A3; bloodstained clothing and a bag with items on A4), and MTN call records (Items/Exhibits 46–48) indicating coordination among A4, A5, and A6. The court, applying Evidence Act principles and the Supreme Court’s discretionary exclusionary rule from Cubagee, admitted the accused persons’ statements and rejected uncorroborated alibi narratives. Finding the evidence coherent and corroborated, the court convicted each accused on the respective charges and deferred sentencing.
1 Introduction
The six accused persons were on 22 February 2022 arraigned before this court
summarily on eight criminal charges: conspiracy; robbery; causing harm; causing
unlawful damage; threat of death, and of possession of arms and ammunition
without authority against A5 and A1 respectively.1 Represented by their respective
two lawyers, all the accused persons pleaded not guilty to the charges - conspiracy
(Count 1), two counts of robbery (Counts 2 and 3) the charge of causing unlawful
damage (Count 4), and the two counts of causing harm (Counts 5 and 6).
Concerning the two specific charges – Count 7 and Count 8 against A1 and A5,
both denied the charges - possession of arms and ammunition without authority
(Count 7) and the charge of a threat of death (Count 8).
2 Brief facts of the case as provided by the police
The accused persons - Akwesi Owusu (A1), unemployed, lives in Aflao; Haruna
Taboloka (A2) is a farmer and a native of Agbozume-Klikor; Normesi Famous @
Norgbe (A3), is a porter and a native of Atiteti; Ahadzi Korku @ Borbor (A4) is a
mechanic and a native of Aborbor-Kpogede in Togo; Eric Lumor @ Zingaro (A5)
is a tailor and a native of Atiavi. Joseph Yao Afawubo @ Red (A6) is a farmer and
a native of Denu. They are alleged to have on 2 October 2022 conspired to commit,
indeed committed the offence of robbery; unlawful harm; unlawful damage; threat
of death; and possession of arms and ammunition without authority.
The brief facts are that on 2 October 2021 at about 11:20 pm, the complainant2
(PW6) received a distress call from Bernice, the wife of one of his brothers,
Marshall who live in his Sadaco House that they were under robbery attack by
men who were trying to gain access to their rooms after entry to the house. The
accused persons, including others at large succeeded to enter the house, inflicted
body injuries on the night security personnel at the duty post (PW5); damaged a
couple of properties including metal security doors and windows. They are
alleged to have subjected some of the residents to bodily harm amidst threats of
death that enabled them to steal from the house some cash amount, a bag that
contains lotto papers the accused persons thought contained money, and a pump
action gun.
The arrival of a rescue team comprising PW6, the police, and neighbours
compelled the accused persons to retreat into a nearby bush amidst sporadic
shootings from their firearms. The rescue team pursued them into the