[2020]DLCA9207July 9, 2020Court of Appeal

ABDUL RAMAN WATARA BENJAMIN vs. THE REPUBLIC

The appellant, Abdul Raman Watara Benjamin, was the Assistant Manager and Accountant at two gas filling stations owned by the complainant. On 21 January 2013, seven armed men robbed the Agapet filling station, taking GH₵24,000. Police investigations led to the arrest of several accused persons, including the appellant, who was charged with conspiracy to commit robbery. The prosecution alleged that the appellant masterminded the robbery and distributed shares of the stolen money to co-accused persons. The appellant denied involvement, claiming he was held hostage during the robbery and later reported the incident to police.

read more

MERLEY WOOD, JA This is an appeal against the judgment of the High Court, Accra dated 31st July 2018 confirming the judgment of the Circuit Court, Tema convicting the Appellant on the offence of conspiracy to commit crime to wit robbery contrary to sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29) and sentenced to 30 years imprisonment. The Appellant who was the 3rd Accused in the trial court was charged jointly with seven other persons two of whom were at large. Whereas he was charged with only the offence of conspiracy to commit crime to wit robbery, the other accused persons were also charged with the offence of robbery contrary to section 149 of the same enactment. The facts culminating in this appeal are as follows: The complainant was the owner and manager of the Goil and Agapet Gas Filling Stations located at Valco Flats and Zenu respectively. The Appellant was the Assistant Manager and Accountant respectively of the Complainant’s two Filling Station.....