[2016]DLCA4920July 21, 2016Court of Appeal

ISRAEL ANANE GADRI AND PAUL FIADJOE vs. THE REPUBLIC

The appellants were jointly charged with conspiracy to commit crime and robbery after allegedly hiring a taxi, threatening the driver with a pistol, stealing the vehicle, and driving away. The complainant reported the incident to the police. The appellants denied involvement, claiming alibis. The trial court convicted and sentenced them to 20 years imprisonment concurrently.

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ACQUAYE, J. A. The appellants were tried together on two counts of conspiracy to commit crime contrary to Section 23 (1) and 149 and robbery contrary to Section 149 of the Criminal Offences Act 29/60 by a High Court in Accra. The facts of the case as presented by the prosecution were that the appellants hired the services of the complainant Mustapha Seidu who was driving a taxi cab No. GS 6522-10 on 6th February 2011 at about 2.00pm. At the outskirts of Ashalajo, a suburb of Accra, the 1st appellant drew out a pistol from his pocket and ordered the complainant to surrender his ignition key which he did. The appellants then directed the complainant out of the car and drove it away. The complainant reported the case to the Amasaman Police. A week later, on 13th February 2011, the Amasaman Police had information that two robbers had been shot while attempting to steal another taxi cab at Kasoa and had been admitted at the Police Hospital and Korle-Bu Hospital where they were re...