THE REPUBLIC v. KOFI NYARKO ALIAS SANKARA, AKUA BENEWAA AND PHILOMINA SAKYI

Before commencing with this judgment, I’ll quickly comment that per the charge sheet

filed in this Court, four charges were preferred against all three accused persons which

are stealing, causing unlawful damage, dishonestly receiving and dishonestly receiving

repeately, contrary to sections 124(1), 172, and 146 of the Criminal Offences Act, 1960 (Act

29). A1 was singularly charged with the offences of stealing and causing unlawful

damage, while A2 and A3 were charged with the offence of dishonestly receiving

respectively. A2 and A3 have both been dealt with.

In view of the fact that trial had already commenced since A1 pleaded not guilty to the

Two Counts of stealing and causing unlawful damage, having only taken over the Court

on transfer, his was taken de novo.

The brief facts that gave rise to the charges as initially presented to the Court were that

the complainant, Esther Gyasi is a hair dresser and runs her hair dressing salon at Gomoa

Eshiem. Kofi Nyarko A1 is unemployed and lives with A2, Akua Benewa, trader and

A3 Philomina Sakyi, hairdresser in Lower Bobikuma. On the 20th of February, 2022 the

complainant visited her salon shop and found out that thieves had broken the window

valued at Two Hundred Ghana Cedis (GH¢ 200.00), entered into the shop and made away

with One Hunded and Eighty Five (185) pieces of assorted human hair valued at Three

Thousand Six Hundred and Forty Ghana Cedis(GH¢3,640.00) and seven assorted hair

creams valued at Nine Hundred and Seven Eight Ghana Cedis (GH¢978.00), totalling

Four Thousand, Six Hundred and Eighteen Ghana Cedis (GH¢4,618.00). Complainant

lodged a complaint with Gomoa Eshiem Police for investigation, upon which A3 was

arrested upon intelligence that A3 was selling some of the stolen products at Lower

Bobikuma, leading to the retrieval of sixteen (16) assorted pieces of human hair. During

investigation, A3 admitted having bought the items from A2 at a cost of Four Hundred

and Fifty Ghana Cedis (GH¢450.00). A3 then led Police to arrest A2 who mentioned that

about a month earlier A1 brought her sixty-one (61) pieces of assorted human hair with

six (6) assorted hair creams which she bought at a total cost of Five Hundred Ghana Cedis

(GH¢500). A1 was subsequently arrested.

On the 3rd day of October 2022 when A1 was arraigned before this Court for his plea to

be taken de novo, he pleaded NOT GUILTY to all two Counts of stealing and causing

unlawful damage, charges having been explaine