THE REPUBLIC v. MUBAABA BUBEY, GARIBA BAAME ABUBAKARI AND OSMANU SULLEY
May 10, 2023
CIRCUIT COURT
GHANA
CORAM
- HIS HONOUR JUDGE ALFRED KWABENA ASIEDU ESQ
Areas of Law
- Criminal Law and Procedure
- Evidence Law
May 10, 2023
CIRCUIT COURT
GHANA
CORAM
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J U D G M E N T
The accused persons were charged with Four counts of offences as follows:
COUNT ONE
STATEMENT OF OFFENCE
CONSPIRACY to commit crime, to wit kidnapping: Contrary to sections 23(1) and 89
of the Criminal Offences Act, 1960, Act 29.
PARTICULARS OF OFFENCE
1. MUBAABA BUBEY, 24 YEARS, HERDSMAN, 2.GARIBA BAAME ABUBAKAR
SIDI, 20 YEARS, A HERDSMAN AND 3. OSMANU SULLEY 22 YEARS,
HERDSMAN that you and four others on the run on the 15th day of January 2022
about 3.00am at Sibi Botor No.2 near Damanko in the Oti Region of the Republic of
Ghana and within the jurisdiction of this court did agree to act together with a
common purpose to commit a criminal offence to wit Kidnapping.COUNT TWO
STATEMENT OF OFFENCE
ATTEMPTED TO COMMIT CRIME TO WIT, KIDNAPPING: Contrary to sections 18
and 89 of the Criminal Offences Act, 1960, Act 29
PARTICULARS OF OFFENCE
1. MUBAABA BUBEY, 24 YEARS, HERDSMAN, 2. GARIBA BAAME ABUBAKAR
SIDI, 20 YEARS, A HERDSMAN AND 3. OSMANU SULLEY 22 YEARS,
HERDSMAN that you and four others on the run on the 15th day of January 2022
about 1:30am at Sibi Botor No.2 near Damanko in the Oti region of the Republic of
Ghana and within the jurisdiction of this court you intentionally struggled and shot
Alhaji Bellow Mohammed with a gun in an attempt to kidnap him.
COUNT THREE
STATEMENT OF OFFENCE
CAUSING HARM: Contrary to section 69 of the Criminal Offences Act, 1960, Act 29
PARTICULARS OF OFFENCE
1. MUBAABA BUBEY, 24 YEARS, HERDSMAN that you, on the 15th day of January
2022 about 1:30am at Sibi Botor. No.2 near Damanko in the Oti region of the
Republic of Ghana and within the jurisdiction of this court, intentionally and
unlawfully caused harm to the left shoulder of Alhaji Bellow Mohammed.
COUNT FOUR
STATEMENT OF OFFENCE
CAUSING HARM: Contrary to section 69 of the Criminal Offences Act, 1960, Act 29
PARTICULARS OF OFFENCE1.GARIBA BAAME ABUBAKAR SIDI, 20 YEARS, that you, on the 15th day of
January 2022 about 1:30am at Sibi Botor No.2 near Damanko in the Oti region of the
Republic of Ghana and within the jurisdiction of this court intentionally and
unlawfully caused harm to the hand of Alhaji Bellow Mohammed.
THE BRIEF FACTS.
The brief facts of the case are that the complainant Alhaji Bellow Mohammed aged
55 is a Fulani herdsman resident of Sibi Botor No.2 near Damanko whilst the
accused persons Mubaaba Bubey aged 24, Gariba Baame Abubakar Sidi alias Bathor,
20 years and Osmanu Sulley 22 years are also F
AI Generated Summary
In the Circuit Court presided over by His Honour Alfred Kwabena Asiedu, three Fulani herdsmen—Mubaaba Bubey (A1), Gariba Baame Abubakar Sidi alias Bathor (A2), and Osmanu Sulley (A3)—were prosecuted for conspiracy, attempted kidnapping, and causing harm against Alhaji Bellow Mohammed at Sibi Botor No.2 near Damanko in Ghana’s Oti Region. The court noted that A1 and others entered Bellow’s bedroom at about 1:30 a.m. on January 15, 2022, to abduct him for ransom; during the struggle at the doorway, Bellow was shot and sustained cutlass injuries. A1 confessed, implicating A2 and A3, and an identification parade led to their identification by Bellow and his wife. Applying the Evidence Act’s beyond-reasonable-doubt standard, the court acquitted A2 of causing harm due to uncertainty over the cutlass wielder, but convicted A2 and A3 of attempted kidnapping based on identification and admissions. The conspiracy count was struck out under section 24(1), to avoid duplicative punishment.