THE REPUBLIC v. SULEY IBRAHIM AND YAKUBU MOHAMMED
March 8, 2023
CIRCUIT COURT
GHANA
CORAM
- HIS HONOUR JUDGE ALFRED KWABENA ASIEDU ESQ
Areas of Law
- Criminal Law and Procedure
- Evidence Law
March 8, 2023
CIRCUIT COURT
GHANA
CORAM
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J U D G M E N T
The accused persons were charged with two counts of offences as follows:
COUNT ONE
STATEMENT OF OFFENCE
CONSPIRACY to commit crime, to wit Stealing: Contrary to sections 23(1) and 124(1)
of the Criminal and Other Offences Act, 1960, Act 29
PARTICULARS OF OFFENCE
1.SULEY IBRAHIM, 25 YEARS HERBALIST,2. YAKUBU MOHAMMED 19 YEARS,
A FARMER that you on the 24th day of October 2022 at Kparepkare in the Jasikan
Circuit 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 stealing.COUNT TWO
STATEMENT OF OFFENCE
STEALING: Contrary to section 124(1) of the criminal and other offences Act, 1960,
Act 29
PARTICULARS OF OFFENCE
1.SULEY IBRAHIM, 25 YEARS HERBALIST,2. YAKUBU MOHAMMED 19 YEARS,
A FARMER that you on the 24th day of October 2022 at Kparepkare in the Jasikan
Circuit in the Oti region of the Republic of Ghana and within the jurisdiction of this
court did dishonestly appropriate two female cows valued GHS14,000.00 the
properties of Alhaji Manu Umaru and Ibrahim Mahama.
THE BRIEF FACTS
The brief facts of the case as attached to the charge written by No.56309 G/Constable
Prince Oduro and presented to court by ASP Alhassan Abdul Razak are that the
complainants are one Ibrahim Mahama, a Fulani herdsman lies at Kparekpare and
Alhaji Manu Umaru a businessman living at Dambai kana.Accused persons Suley
Ibrahim,A1 a herbalist lives at Dambai Wankayaw and Yakubu Mohammed A2. A
farmer also lives at Kechebi in the Nkwanta West district. The complainants have
kraals at Kparekpare where there are Fulani herdsmen taking care of the animals. On
25th October 2022 about 6.00am the caretakers of the complainants noticed the missing
of one cow each from the two kraals and duly informed the complainants. The first
complainant called one of his brothers by name Usmanu who resides at Nkwanta to
assists him to locate the culprits. He then proceeded to Nkwanta to enquire about the
missing cows. On his way back to Kparekpare he had information that a certain
vehicle was seen conveying some cattle from Dambai to Nkwanta and a phone
belonging to one of the occupants fell from the vehicle at Kele which they suspect the
owner of the phone to be involved in the stealing of the animals. The first complainant
took custody of the phone and traced its ownership to A2 who was arrested andsubsequently A1 too was arrested and the tw
AI Generated Summary
Presided over by His Honour Judge Alfred Kwabena Asiedu ESQ, the Circuit Court considered charges against Suley Ibrahim (A1) and Yakubu Mohammed (A2) arising from the theft of two female cows in Kparekpare, Oti Region. The complainants were Ibrahim Mahama, a Fulani herdsman at Kparekpare, and Alhaji Manu Umaru, a businessman of Dambai Kana. A phone recovered after cattle were transported from Kparekpare towards Nkwanta was traced to A2, leading to arrests and recovery of the cows from Taso Elija. Driver Joku Ernest (PW3) testified that the accused hired him to cart the cows and fled when police mounted a barrier near Dambai Yabram Junction. A1 pleaded guilty; A2 denied at arraignment but admitted theft in cautioned and charge statements, corroborated by PW3’s account. Applying section 125 of Act 29 and evidentiary rules, the court convicted A2 of stealing and, under section 24(1), struck out the conspiracy count as redundant.