[2012]DLHC2593 • April 25, 2012 • Supreme Court •
IBRAHIM RAZAK AND KENNEDY YEMOAH vs. THE REPUBLIC
On 27th July 2005, five men, including the two appellants, allegedly committed armed robbery at three houses within a 100-meter radius in West Anaji, Takoradi, stealing properties valued at approximately ¢26 million. The appellants were arrested in August 2005, identified at police parades by prosecution witnesses, and charged with three counts of robbery. They pleaded not guilty and were convicted by the High Court, Sekondi, and sentenced to life imprisonment. The Court of Appeal affirmed the conviction but reduced the sentence to 30 years imprisonment. The appellants appealed to the Supreme Court seeking to quash their conviction and sentence, primarily challenging the identification evidence and the plea of alibi by the second appellant.
read moreANSAH JSC: At their trial at the High Court, Sekondi, each of the two accused persons, was charged with a count of the offence of Count one Statement of offence ROBBERY: Contrary to section 149 (1) of Act 29 of 1960 as amended by Act 646; Particulars of offence. 1 Ibrahim Razak: 2 Kennedy Yamoah: for that on the 27th day of July 2005, at West Anaji, a suburb of Takoradi in the Western Region of Ghana and within the jurisdiction of this court did use force and threat with intent to overcome any resistance in order to steal properties belonging to Mr. and Mrs. Cudjoe valued at ¢8 million. Count Two. Statement of offence. ROBBERY: contrary to section 149 (1) of Act 29 of 1960, as amended by Act 646; Particulars of offence 1, Ibrahim Razak; 2 Kennedy Yamoah: for that on the 27th July 2005, at West Anaji, suburb of Takoradi in the Western Region of the Republic of Ghana and within the jurisdiction of this court did use force and threat with intent to overcome any resistance....