[2015]DLCA8283November 19, 2015Court of Appeal

AWUDU MAHAMA AND ISSIFU ABUGRI vs. THE REPUBLIC

AYEBI, JA 1. The two appellants herein were amongst five accused persons indicted to stand trial before the Kumasi High Court on two counts of conspiracy to commit the crime of robbery contrary to sections 23 and 149 of the Criminal Offences Act, 1960 (Act 29) as amended and robbery contrary to section 149 of the same Act. 2. The complainant in the case is PW6, Mr. Tawiah. He and his wife Felicia Boamah were gold dealers at Obuasi. On 27/12/98 they travelled to Kumasi to spend the Christmas holidays. Before their departure for Kumasi they left in the care of Kwabena Obeng an amount of ¢25 million and gold mineral totalling ¢54.5 million. In the night of 1/01/99, three of the accused persons knocked at the gate of the complainant. The son of the complainant Frank Mensah (PW2) went to find out who was at the gate. Accused told him they wanted to do business with PW6, so he let them in and informed Kwabena Obeng (PW1). 3. When they met PW1, they insisted they wanted to see PW6,.....