THE REPUBLIC v. BENJAMIN DOGBE AND MOHAMMED AWAL
February 27, 2023
CIRCUIT COURT
GHANA
CORAM
- HER HONOUR AFIA OWUSUAA APPIAH (MRS
Areas of Law
- Criminal Law and Procedure
- Evidence Law
February 27, 2023
CIRCUIT COURT
GHANA
CORAM
AI Generated Summary
This Circuit Court judgment by Her Honour Afia Owusuaa Appiah (Mrs) concerns charges against Benjamin Dogbe (A1) and Mohammed Awal (A2) arising from an alleged armed robbery of mobile money vendor Dennis Amuzu at Taifa-Burkina, Accra, on 27 March 2019. The prosecution alleged the pair fired shots, robbed Amuzu of about GHC12,000 and credit cards worth GHC800, and fled on an unregistered motorbike, which Amuzu rammed with his Pontiac Vibe, leading to A1’s arrest; A2 was later arrested and led police to a revolver. Before trial commenced, A2 died, and the State proceeded solely against A1, calling only the investigator (PW1). A1’s caution statement was excluded; A2’s confession could not implicate A1. Crucially, no eyewitnesses testified and no stolen items were recovered from A1. Applying the burden of proof and evidentiary rules, the court found reasonable doubt and acquitted A1 on conspiracy and robbery; A2’s firearms count was dismissed as moot.
JUDGMENT
A1 herein was arraigned before this court together with A2 now deceased on
one count of conspiracy to commit offence to wit robbery contrary to section
23 (1) 149 of Criminal Offences Act 1960, (Act 29), and robbery contrary to
section 149 of Act 29. A2 was further charged with possessing firearm and
ammunition without authority contrary to section 11 of Arms and Ammunition
Act 1972 NRCD 9.
The facts in support of the charges preferred against the accused persons by
the prosecution are that the Complainant in this case is a Mobile Money
Vendor at Taifa-Burkina @ Mr. Adjei, Accra. The 1st accused person Benjamin
Dogbe is a Painter whilst the 2nd accused person Mohammed Awal is a
Fabricator. On 27th March 2019 at about 8:45am, the accused persons
attacked the Complainant with a pistol at his Mobile Money Shop at TaifaBurkina @ Mr. Adjei fired indiscriminately and robbed him off cash the sum of
GHC12,000.00 and Credit Cards valued at GHIC800.00 and sped off with an
unregistered Motor bike. The accused persons were given a hot chase by the Complainant with his Pontiac Vibe salon car and succeeded in knocking them
down with his car and as a result the motorbike landed in a dish. With the
help of some angry mobs, the 1st accused person was arrested and sent to
Taifa Police Station. The 2nd accused person managed to escape from arrest.
Later, the second accused person was arrested by a team of Policemen from
his hideout from a big gutter around Taifa-Burkina. The 2nd accused person
then led Police to his hideout and showed Police where he hid a revolver
which was used for the scene of crime for evidential purpose. During
investigation, the accused persons confessed their involvement in the
commission of the crime in both their investigation and charge cautioned
statements as well. Accused person led Police to the scene of crime and
demonstrated to Police how their operation was carried out. The 2nd accused
person claimed ownership of the gun used for the operation.
THE PLEA
The accused persons pleaded not guilty to the charge after the charges had
been explained to them in Twi, the language of choice of the accused
persons.
BURDEN OF PROOF
In every criminal prosecution, when an accused person denies an offence,
prosecution assumes a statutory obligation to prove beyond reasonable doubt
the guilt of accused. Section 11(2) of the Evidence Act, 1975, NRCD
323 (hereinafter referred to as NRCD 323) with specific reference to