REPUBLIC v. EMMANUEL ASANTE @ JOOJO & KWABENA OFORI
2013
COURT OF APPEAL
GHANA
CORAM
- HONYENUGA, J.A. (PRESIDING)
- DENNIS ADJEI, J.A.
- B. ACKAH YENSU (MS), J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellants were convicted of conspiracy to commit robbery and robbery by the High Court, Cape Coast, and sentenced to twenty-five years on each count to run concurrently. They appealed on grounds of misappreciation of evidence and failure of the prosecution to prove their guilt beyond reasonable doubt. The Court of Appeal reviewed the evidence and found that the prosecution failed to establish the essential elements of conspiracy and robbery against the appellants. The court noted that the trial judge improperly relied on unsworn statements and circumstantial evidence that did not conclusively link the appellants to the robbery. The appeal was allowed, and the appellants were acquitted and discharged. The judgment emphasized the high burden of proof in criminal cases, the inadmissibility of unsworn statements against co-accused, and the need for concrete evidence to support convictions.
HONYENUGA, J.A.
The appellants were jointly tried with Kwamina Carter and Kofi Tweneboah in the High Court, Cape Coast. They faced common counts as follows:-
“COUNT ONE
STATEMENT OF OFFENCE
CONSPIRACY TO COMMIT CRIME TO WIT ROBBERY: CONTRARY TO SECION 23(1) AND SECTION 149 OF ACT 29/60 AS AMENDED BY ACT 646/2003.
PARTICULARS OF OFFENCE
1. KWAMINA CARTER, UNEMPLOYED, 2. EMMANUEL ASANTE @ JOJO MASON, 3. KWABENA OFORI, TRADER, 4. KOFI TWENEBOAH, STORE ATTENDANT; For that you on the 26th day of January 2007 at Breman Brakwa did act together with one Charles now at large to commit crime to wit Robbery.
COUNT TWO
STATEMENT OF OFFENCE
ROBBERY Contrary to section 149 of Act 29/60 as amended by Act 646/2003.
PARTICULARS OF OFFENCE
1. Kwamina Carter, Unemployed, 2. Emmanuel Asante @ Jojo Mason, 3. Kwabena Ofori, Trader, 4. Kofi Tweneboah, Store Attendant; For that you on the 26th day of January 2007 at Breman Brakwa in the Central Region did Rob one Kwabena Owusu (sales representative) and Iliasu Gibrim (driver) then in charge of a Cigarette Van with registration No. GT 575 P belonging to Yodsky Ghana Limited of Agona Swedru of the sum of GH¢2,000.00”.
All the accused persons were convicted and sentenced to twenty-five (25) years on each count to run concurrently.
The facts of this appeal are that the appellants and the other convicts together with one Charles who is at large met between the 19th January 2007 and 26th January 2007 at various locations in Breman Brakwa where they hatched a plan to rob a cigarette van that used to supply cigarettes to the 2nd appellant, a store keeper. On the 26th January 2007, one Kwabena Owusu, a sales representative and one Iliasu Gibrim, a driver who are employees of Yodsky Ghana Limited, a Cigarette Sales Company stationed at Agona Swedru were on board the company’s Nissan Pick Up on sales rounds. As they moved towards Odoben through Brakwa, they saw a road block and therefore the driver slowed down. As agreed, the appellants and others armed with a gun supplied by Kofi Tweneboah a convict in this case mounted the road block. Since it was the 2nd appellant who knew the vehicle used to supply him with the cigarettes, he was left on the road while the others hid under the cocoa trees in order to alert the others if the vehicle turned up. As the vehicle appeared to slow down at the road block and stopped, the 2nd appellant alerted the others by whistling three times after which he entered the bush. Kwamina Carter also