THE REPUBLIC v. ALJUMAH JALO, ZAKARIAH AMADU, USMAN MOHAMMED AND BADU SEIDU

JUDGMENT.

Accused persons herein were arraigned before this court on the 17/01/2022

charged with two counts of conspiracy to commit crime to wit robbery contrary

to sections 23(1) and section 149 of the criminal offences Act 1960 (Act 29) and

robbery contrary to section 149 of Act 29/60 as amended. Accused persons

pleaded not guilty to the charges. The summary of the facts as presented by the persecution are that on the 9/01/22 at about 1.45 am Nkonya Police informed

Kpando Police of a robbery incident engaging between Kpando AgbenorxoeNkanyo highway. Upon the information Kpando Police proceeded to the area

but the robbers had fled and nobody was met at the crime scene. Few hours

later, Kwaku Addo a driver in charge of Marcopollo bus with registration No.

GT6553-8 reported to Woroawora police that on same day at about 3:30 am he

and the occupants of the bus were attacked and robbed at gun point of their

mobile phones monies totalling GH21,750.00 and other valuables at a station of

Kpando Agbenorxoe-Nkonya highway. And that the robbers shot the driver on

the forehead and three others sustained gunshot injuries. On their foreheads.

The injured were all treated and discharged at Worawora Government Hospital.

On the 14/1/2022 intelligence led to the arrest of the accused persons in their

hideout at Gbefi-Hoeme. A search conducted on them led to the recovery of 16

assorted mobile phones, one SB short gun, six live cartridges one cutter, screw

driver 4,000. CFA and GH¢65.00 A1 and A2 mentioned one Sulley and Borajo as

their accomplices but were on the ran during investigation. Accused persons

told the police that they had earlier on that night attacked and robbed three other

vehicles before that of the Kweku Addo’s vehicle. On the 17/1/2022 two of the

robbery victims reported at the Divisional headquarters and identified one

Iphone 6plus, one Tecno T34 and one Infinix smart phone as theirs. A1 denied

taking part in the robbery even though he was aware of the plan and execution

of it. A2, to A4 admitted the offence and told the police A1 took part of the

robbery.

By pleading not guilty to the offences charged by all the accused persons, the

prosecution then assumes the onus of leading credible but admissible evidence

at the trial to prove all the ingredients of the offences charged beyond reasonable

doubt to establish the guilt of the accused persons as required under sections 11(2) and 13(1) of the Evidence Act, 1975 (NRCD 323) It w