REPUBLIC VRS ALI (UE/BG/CT/B1/66/2022) [2024] GHACC 308 (19 March 2024)

IN THE CIRCUIT COURT HELD AT BOLGATANGA IN THE UPPER EAST REGION ON FRIDAY THE 8TH DAY OF MARCH, 2024 BEFORE HIS HONOUR SUMAILA MBACHE AHMADU (CIRCUIT COURT JUDGE). CASE NO. UB/BG/CT/B1/15/2023 THE REPUBLIC VERSUS 1. SUMAILA DABO 2. HAMADU JIBRILA AND FOUR OTHERS AT LARGE. JUDGMENT The accused persons are charged with two counts (1) conspiracy to commit crime to wit robbery; contrary to section 23 and 149 of the criminal offences act 1960, ACT 29. And (2) robbery; contrary to section 149 of the criminal offences act 1960, ACT 29. The accused persons have denied both charges. The case for the prosecution. On 04/10/2022 at about 7:00pm, complaint Atanga Eva came to work at Sirigu. After work, complainant Akobulgo Isaac decided to go and drop her at Adabiisi, on reaching the outskirts of Adabiisi, moving about 300 meters away from Ghana Boarder Pillar, entering into Amutanga in the Republic of Burkina Faso, about six men armed with guns and cutlasses stopped them and ordered them to lie down. The robbers robbed them of their mobile phones such as an iphone valued GHc600.00, Techno Spark 7 valued GHc1,100.00, two yam phones valued GHc330.00, Samsung Galaxy A 03 valued GHc1,000.00 and cash of the sum GHc13,000 at gun point. While they were still lying on 1 the ground amidst beatings with cutlasses by the robbers, complaint Nbuuru Jeffrey also run into the scene and was also ordered to join the victims. The robbers also robbed his Blue Infinix Hot 8 Mobile Phone valued GHc800.00 and cash the sum of GHc8.00. the complainants were held hostage for hours until 11:00pm before they were released to go with their rickety motor bike and bicycle. On 05/10/2022, at about 2:00pm, A1 was found in Sirigu market offering the blue infinix mobile phone and an iphone both suspected to be robbed booty for sale. Some people at the market saw the pictures of the complainant and that of several other area boys on the blue infinix Hot 8 mobile phone and quickly called him to come to the market. Before the complaint could arrive one of the area boys and a witness in this case offered to buy the phone A1 was offering for GHC200.00. after paying for the phone, the witness went straight to Sirigu police station, narrated their suspicion to the police and handed over the phone to the police. The police swiftly went after A1 and got him arrested in a drinking bar together with A2 but A1 had managed to dispose of the iphone before arrival to the police. The complainant arrived and identified the blue infinix hot 8 mobile phone and the two accused persons as those who robbed him on 04/10/2022. The prosecution in support of its case called four witnesses; pw1 Nbuura Jeffery, pw2 Yaw Agigne, pw3 Awudu Asaboh, and pw4 D/C/Inspr. Anyan Emmanuel Azubil the investigator who tender into evidence EXHBTS; A, B, C, D, F and G. THE CASE OF THE DEFENCE. A1. His defense says he at Shirigu market when police came and arrested him and said he had committed robbery. That nothing of incriminating nature was found on him and that he was taken to the police station at Shirigu and across the border to Burkina Faso to the scene of crime and brought people whom he did not know to say they were the people who robbed them. 2 A2 in his defense says a tricycle had passed over his leg and he had an injury and took money from a woman at shirigu and promised to pay later. That on the day in question he had returned to Shirigu to pay the debt and had gone to buy fuel when police came and arrested him, to him to the police cell where he met A1. That he did not know A1 before his arrest. BURDEN OF PROOF. This been a criminal case the prosecution must prove its case beyond reasonable doubt under sections 11(1) and 13(1) of the evidence act 1975. NRCD 323. INGREDIENTS OF CONSPIRACY TO COMMIT CRIME TO WIT; ROBBERY AND ROBBERY. Conspiracy involved two or more agreeing to act together. In the case FRIMPONG ALIAS IBOMAN V. THE REPUBLIC [2012]1 SCGLR 297, the elements of robbery are that; the appellant stole something from victim of the robbery of which he is not the owner, that in stealing the thing, the appellant used force, harm or threat of any criminal assault on the victims, that the intention of doing so was to prevent or overcome the resistance, that this fear of violence must either be of personal violence to the person robbed or to any member of his household or family in a restrictive sense, the thing stolen must be in the presence of the person threatened. ANALYSIS AND APPLICATION OF THE LAW. From the evidence adduced before this court, I made the following findings; 3 That the robbery took place outside the territory of Ghana, that the robbery took place after 7pm in the dark, none of the robbers were arrested on the scene, that A1 was seen by the witnesses selling a phone that belonged to one of the victims of the robbery PW1. the blue Infinix Hot 8 mobile. Section 46 of act 30, states; where a person is accused of the commission of an offence at sea or elsewhere out of the Republic which according to the law may be dealt with in the Republic, the offence may, subject to section 118, be enquired into and tried at a place in the Republic to which the accused person is first brought or to which the accused is taken subsequently. A crime committed outside Ghana can be heard in Ghana if that conduct is crime when committed in Ghana. The offence of robbery is crime under the Ghanaian Law and so committed in the territory of Burkina Faso is triable in the courts of Ghana. The accused persons have robbed and crossed to Ghana to dispose of the stolen goods. In ADU BOAHENE V. THE REPUBLIC [1972] 1GLR 70. The court states that; where the identity of an accused person is issue, there can be no better proof of his identity than evidence of a witness who swears to have seen the accused committing the offence charged. In the instant case, Nbuura Jeffrey (PW1) one of the victims of the robbery states; in paragraph 12 of his witness statement that; when I looked at the two accused persons, they are the very people who attacked, beat me and robbed me of my phone and money on 04/10/2022 at about 7:00 pm at Adabiisi. Akobulgo Isaac also a victim in paragraph 13 of his witness statement, states; when I looked at the two suspects, they are part of the very people who attacked and robbed me of my phones and money on 04/10/2022 at about 7:00 pm at Adabiisi. 4 Both Awudu Asoboh and Yaw Agigne have identified A1 as the person who was selling the phones which were robbed from the victims. On the totality of the evidence adduced by both the prosecution and defense, I am satisfied that the prosecution has proved the guilt of the accused persons beyond reasonable doubt, I therefore convict the accused persons on both counts. I hereby sentence both A1 and A2 to 15 years each on both counts to run concurrently. HIS HONOUR SUMAILA MBACHE AHMADU (CIRCUIT COURT JUDGE)- 5