THE REPUBLIC v. ERIC ASAMOAH @ ISHMAEL

The Accused person has been charged with one count of stealing contrary to Section 124 (1) of

the criminal offences Act, 1960 (Act 29).

He pleaded not guilty to the charge.

The particulars of the offence are that on 11/10/2022 Accused stole an unregistered black

motorbike valued at GH₵ 8,500 the property of Abango Abobillah at Kojokrobokrom near Bonsu

Nkwanta.

The fact of the case are that on 11/10/2022 Accused engaged the services of the complainant who

was in charge of his black motorbike, to take him to Suaboi near Dadieso. On reaching a section

of the road at Kojokrobo, the Accused told Complainant to stop as his hat had fallen of. When

complainant stopped the Accused pulled a pistol on him and told him to get off the motor bike

and for fear of his life he obliged and Accused sped off with the motorbike. The complainant

informed his colleagues and other people about the incident, and a witness in the case informed

him that he had seen the motor bike parked at a store at Suaman Dadieso. The complainant went

and confronted the owner of the store about the motorbike and the store owner told him that it

was Accused who sold it to him at GH₵ 3,800.00. That on the same day, Accused was arrested by

the Juaboso Police in a similar case so Accused was taken to Dadieso police station where the

store owner identified him as the person who sold the motorbike to him. That after investigation

Accused was charged with stealing and put before the court for prosecution.

The prosecution called 3 witnesses to support their case against the Accused. The witnesses were;

The complainant, Abobillah Agbango (PW1), Kwabena Ayisi (PW2) who is the store owner, and

the investigator in the case, General Constable Gordon Annor (PW3).

PW1 told the court that on the day of the incident he picked Accused on his motorbike in the

morning at Bonsu Station to Suaboi where the Accused had asked him the previous night to take

him in the following morning. That about 20 minutes after they set off and had just passed by

Kojokrobo Accused asked him to stop as his hat had fallen off. That he slowed down and looked

back but did not see any hat on the road, and at that moment Accused pulled a pistol against his

ribs and switched off the engine of the motor bike and asked him whether he liked his life or the

motor bike. PW1 said he gave the motor bike to Accused and pleaded with Accused not to shoot

him. That Accused took over the motorbike and turned towards the Bonus