NAGODE vs. THE REPUBLIC

JUDGMENT ANIN YEBOAH JSC On 13 July 2011, this court dismissed the appeal of the appellant herein against his conviction and sentence. We now proceed to give our reasons. The appellant herein, Alhaji Mustapha Umaru Nagode, was summarily tried and convicted by the High Court, Ho on 1 November 2004 for the offences of conspiracy to commit robbery contrary to section 23 of the Criminal Offences Act, 1960 (Act 29), and robbery contrary to section 149 of the same Act 29 as amended by section 6 of the Criminal Code (Amendment) Decree, 1969 (NLCD 398), and the Criminal Code (Amendment) Act, 2003 (Act 646). The facts of the case do not appear to be in serious controversy. On 16 December 200 l, armed men broke into the residence of one Mr Gunther Wild, the Project Manager of an international construction firm known as Belfinger and Berger at Nkonya Tepo. The armed men succeeded in taking away various items which included three wrist watches, video camera, cassettes and cash. The in...