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THE REPUBLIC vs ENOCK EDEM & 2 OTHERS

2022

CIRCUIT COURT

GHANA

CORAM

  • H/H ADELAIDE ABUI KEDDEY

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

This Circuit Court criminal trial, presided over by H/H Adelaide Abui Keddey, concerned allegations that Enoch Edem (A1) and Joshua Adjetey Sowah (A2) robbed an Uber driver at knife-point near Teshie/Nungua in April 2019, taking a Samsung J3 and Infinix Hot 6, and that Jerry Adadevor Astu (A3) dishonestly received the Samsung J3 for GH¢150. The prosecution relied on photographs that appeared in the complainant’s Google account, tendered statements, and police testimony. A2’s cautioned and charged statements were excluded for non-compliance with section 13 of the Juvenile Justice Act. A1 consistently denied involvement and identified Emmanuel Bortey as the actual robber who took the pictures with the stolen phone; the court noted Bortey was charged but never brought to court. A3 testified he provided a GH¢150 loan with the phone as collateral, which the investigator corroborated. Applying constitutional and statutory standards, and authorities on conspiracy, robbery, and proof beyond reasonable doubt, the court held the evidence insufficient and acquitted and discharged all accused on all counts.

JUDGMENT