[2013]DLCA8062 • April 26, 2013 • Court of Appeal
ALHAJI DABILA WATARA @ MACHO vs. THE REPUBLIC
AYEBI J.A. In 2003, the appellant as the first accused and five others were tried at the Criminal Assizes held in Sunyani on two counts, namely conspiracy to commit crime, wit robbery contrary to sections 23(1) and 149 of the Criminal Code 1960 (Act 29) as amended and robbery contrary to s.149 of Criminal Code, 1960 (Act 29) as amended. The third accused Bello Pierre Clavere, an Ivorian died not long after the trial started. He could not therefore give evidence at the trial. The sixth accused, Yahaya Mahama who was at large was tried in absentia. Those present pleaded not guilty on each count. At the end of the trial, the jury found all the accused guilty of each of the offences charged. The trial judge accordingly convicted each of them on each of the two counts on 7th August 2003. He sentenced each of the accused to life imprisonment on each count. Both sentences to run concurrently. In this appeal, appellant herein challenged the legality of the admissibility of his co...