[2013]DLCA8127June 25, 2013Court of Appeal

OWUSU BANAHENE, PHILIP ACHINA DANKWA AND NANA AKWASI ANNOR vs. THE REPUBLIC

AYEBI J.A. On 28th October 2008, the three appellants were charged before a Kumasi High Court on charges of conspiracy to steal and stealing. In count one, it was stated that the appellants between 2001 and 2008 did act together with a common purpose in committing an offence, to wit stealing contrary to sections 23(1) and 124 of the Criminal and Other Offences Act, 1960 (Act 29) as amended. In count 2, it was recited that between 2001 and 2008, the three appellants stole quantities of iron rods and other building materials worth GH¢2,050,000 (two million and fifty thousand Ghana cedis) the property of Iron Birds Company Ltd. contrary to s.124 of Act 29/60. Similarly in count 3, all the three appellants were charged with stealing 19 tons of iron rods, the property of Iron Birds Company Ltd., Kumasi. The third appellant Nana Akwasi Annor, alone in four other counts was charged with stealing various sums of money (belonging to Iron Birds Company Ltd.) which he collected on behal....