[1976]DLHC347January 22, 1976High Court

ALPHA ZABRAMA vs. THE REPUBLIC

The appellant, Alpha Zabrama, a Nigerian resident in Ghana since 1965, was charged alongside a co-accused with conspiracy to steal and stealing two cows belonging to a cattle dealer in Ashaley Botwe village. The first accused was caught untying a cow, and the appellant was alleged to have agreed to the theft and bought the cows, killing one. The appellant pleaded guilty but claimed he bought the cows in good faith and offered partial payment. The district court convicted and sentenced him to fines and imprisonment with hard labor, ordering deportation after sentence.

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JUDGMENT OF TAYLOR J. The appellant in this case and one other as the first accused were arraigned before the district court grade I charged on two counts with the offences of conspiracy to steal contrary to section 23 of the Criminal Code, 1960 (Act 29), and stealing contrary to section 124 (1) of the said Act 29. He was the second accused and he and his co-accused pleaded guilty to these charges, after which the prosecutor gave to the court the facts of the case as follows: “The complainant is a cattle dealer at Ashaley Botwe village. On 5 May 1975, his cattle attendant told him of the loss of two of his cows. They searched around their area and later saw one of the cows tied to a tree some distance away. At 7 p.m. that day, the first accused was seen at the area untying the cow. With the help of the others in the area, he was ambushed and apprehended. He then said he and the second accused agreed to steal two cows for the second accused, a butcher at Nima. He added that it w.....