MAXWELL KOFI GYASI vs. THE REPUBLIC

ADJEI, J. A: Charges of conspiracy to commit robbery and robbery contrary to sections 23(1) of Act 29 and 149 of Act 29 as amended by Act 646 respectively were preferred against the appellant herein and two other persons. They were arraigned before the High Court, Kumasi. The trial High Court heard the matter in the absence of the 3rd accused person who absconded and never appeared before the said trial court. The 1st accused person who is the appellant in this appeal and the 2nd accused person pleaded ‘not guilty’ to both counts. The brief facts of the case presented before the trial High Court were that the complainant who testified as PW1 was the driver of Nissan Primera Taxi cab with Registration mark GT 3738 T on 9th May 2005. At midnight, he took the three accused persons as passengers from Asafo Neoplan Station to Ahimadiyya Secondary School in Kumasi. The accused persons styled themselves as students of Ahimadiyya Secondary School and did not want its tutors to see them a...