ABUBAKARI GERO vs. THE REPUBLIC

ADJEI, J.A: The Appellant herein was the 3rd Accused person in the suit tried by the High Court, Kumasi which all of the three (3) Accused persons were convicted for conspiracy to commit robbery and robbery contrary to Section 23 (1) and 149 of Act 29 as amended by Act 646 and Section 149 of Act 29 as amended by Act 646 respectively. The trial High Court judge sentenced each of the Accused persons to a term of twenty one (21) years on both Counts which were to run concurrently. Even though the accused persons were convicted and sentenced to a term of 21 years on 23rd April, 2009, the sentence was to take retrospective effect from 13th August, 2005, that is, the day that the accused persons were arrested by the police for having committed the offence of conspiracy to commit robbery and robbery. The brief facts of the case as presented by the prosecution before the trial High Court were that on 13th August, 2005, a 207 Benz Bus with the registration number AS 8174 was being driven by o...