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JUDGMENT
JUDGMENT
FACTS:
The three accused persons were charged and arraigned before this court on 13th
August, 2020, on three counts of Abetment of Crime namely, robbery contrary to
sections 20(1) and 149 of the Criminal Offences Act, 1960(Act 29).
The brief facts presented by the prosecution are that the complainants, Collins
Akowuah Kanbi and Hayford Acheampong are small scale miners and residents of
Asankragua. The third complainant Kofi Aboagye is an excavator operator and lives at Obuasi whereas the first accused Nas Boadu alias Figo is a forklift operator and a
resident of Golf City. The Second accused Nevije Henry is a Nigerian and a labourer
residing at Bethlehem, a suburb of Ashaiman whilst the third accused person, Abdul
Fatao Halidu alias Escoba is a scrap dealer and lives at Golf City. The prosecution
alleges that the first accused person and Kofi Aboagye were friends and had worked
at a mining site at Obuasi for five years. The prosecution states that about two and a
half months prior to the alleged incident, the first accused person called Kofi
Aboagye on phone and told him that his friend's brother who lives in the United
States of America had imported an excavator which he and his friend, one Mr. Addo
were offering for rent and asked him to find customers for him. Pursuant to that
discussion, the first accused person sent a picture of an excavator to Kofi Aboagye
through social media to substantiate his claim.
The said Kofi Aboagye who was then working for the first and second complainants
at their mining site at Asankragua, informed them about the information he had had
from the first accused person. The first and second complainants became interested
because their operations depend solely on the use of an excavator. They therefore
asked Kofi Aboagye to negotiate with the first accused person. Kofi Aboagye then
contacted the first accused person who told him that the excavator was being offered
for rent at a cost of GH¢ 3,500.00 per day. The first accused person also told Kofi
Aboagye that the low bed truck which would convey the excavator to the site would
also cost them GH¢ 10,000.00. The complainants after being briefed by Kofi
Aboagye, agreed to hire the excavator for their mining work.
The prosecution further alleges that the first accused person after winning the trust
of the complainants, invited the second accused person to his house and told him
about the fraudulent excavator hiring deal he had had with the