[2001]DLCA1269June 28, 2001Court of Appeal

SULEMANA vs. THE REPUBLIC

JUDGEMENT Aryeetey JA. In this appeal, according to the available scanty record, on 30 May 1988 the four appellants and two others, Charles Bannerman and Kwadwo alias Frafra, who were at large, were found guilty on the charge of conspiracy to commit robbery contrary to sections 23(1) and 149 of the Criminal Code, 1960 (Act 29) and section 16 of the Public Tribunals Law, 1984 (PNDCL 78) as well as the charge of robbery contrary to section 149 of Act 29 and section 16 of PNDCL 78 and “sentenced to death by shooting by firing squad.” The two main grounds of appeal are as follows: (1) the conviction is wrong in law and cannot be supported by the evidence on record; and (2) the sentence is harsh and excessive. However, counsel for the appellants abandoned the first ground of appeal and restricted himself to only the second ground, namely “the sentence is too harsh and excessive.” In arguing that ground of appeal, learned counsel for the appellants made the following submiss...