[2018]DLSC5987 • June 6, 2018 • Supreme Court •
ABDULAI FUSEINI vs. THE REPUBLIC
The appellant, who was the 3rd accused at trial, was tried together with others for conspiracy to commit robbery and robbery arising out of an armed attack on one Teye Ameko at about 1:00 a.m. on 5 October 2003 at Old Water Works near Akuse on the Kpong–Tema Motorway. The assailants, armed with guns and cutlasses, robbed the victim of a shotgun, BB cartridges and a large sum of money, and inflicted severe cutlass wounds on him, leaving him critically injured. The prosecution evidence was that the appellant was among the group that participated in the robbery, fired shots to scare away potential rescuers, and joined in ransacking the victim’s room. The appellant challenged, among other things, the reliability of his identification and contended that the evidence did not justify his conviction or the sentence imposed. Portion of judgment: “On or about 5th October 2003 at about 1:00am at Old Water Works near Akuse on the Kpong Tema Motorway, the appellant and four other persons armed with guns and cutlasses robbed one Teye Ameko… In the process, the victim was slashed with a cutlass… and was severely injured…”
read moreDOTSE JSC:- This appeal is at the instance of the 3rd Accused/Appellant/Appellant, (hereafter referred to as Appellant) against the judgment of the Court of Appeal dated 28th May 2015. By their judgment, the Court of Appeal coram: Marful-Sau, Acquaye and Gertrude Torkornoo (Mrs) JJA of even date, considered an appeal lodged by the Appellant herein against his conviction and sentence of 20 years by the High Court, Accra on the 20th July, 2010 in respect of two counts of conspiracy to commit robbery and robbery contrary to section 23 (1) and 149 of the Criminal and other Offences Act, 1960 Act 29 as amended by Act 646 of 2003. FACTS On or about 5th October 2003 at about 1:00am at Old Water Works near Akuse on the Kpong- Tema Motorway, the appellant and four other persons armed with guns and cutlasses robbed one Teye Ameko. They made away with a shot gun valued at 1.5 million cedis (old cedis) , one packet BB Cartridge valued at eight hundred thousand old cedis (800,000) and cash the ...