[2011]DLCA5705 • November 10, 2011 • Court of Appeal
FRANCIS KODJO FIEBOR vs. THE REPUBLIC
The appellant and co-accused were charged with robbery contrary to Section 149 of the Criminal Code. On 30 November 1998, at Akanu near Dzodze, Volta Region, they allegedly robbed Mawuli Aleke of his motorbike and carpet at gunpoint. The motorbike was later found abandoned at Lomnava. The appellant was arrested and tried at the High Court, Ho, where he pleaded not guilty but was convicted by a jury and sentenced to life imprisonment.
read moreDENNIS D. ADJEI (JA) The appellant was granted leave by this Court on 23rd November, 2009 to appeal against both conviction and sentence imposed on him by the High Court, Ho on 16th April, 2002. The petition of appeal was filed by the Appellant on 2nd December, 2009. The historical antecedents of the case are that the Appellant and one Noble Agbleke @ Crazy were charged with the offence of robbery contrary to Section 149 of the Criminal Code Act 29/60 as amended by NLCD 398 paragraph 8. The particulars of offence were that on 30th November 1998 at Akanu near Dzodze in the Volta Region, the appellant and one Noble Agbleke acted together and robbed Mawuli Aleke of his motor bike with Registration No. TG-E 5649 valued at GH¢100.00 and a carpet valued GH¢14.00 at gun point. On 6th December, 2001 the Community Tribunal, Ho, committed the two accused persons to stand trial at the High Court, Ho. The accused persons pleaded “not guilty” to the offence of robbery at the High Court, Ho....