[2021]DLCA16130April 1, 2021Court of Appeal

ABDULAI SHAIBU GAFARU vs THE REPUBLIC

JUDGMENT HENRY KWOFIE JA: The appellant and 3 others were arraigned before the Circuit Court, Juaso in the Ashsnti Region on charges of Conspiracy to commit crime to wit robbery contrary to Section 23(1) and 149 of the Criminal Offences Act 1960 (Act 29) Abetment of crime contrary to Section 20 of Act 29, Unlawful Entry contrary to section 152, Unlawful damage contrary to Section 149 of the Criminal Offences Act 1960 (Act 29) and Robbery contrary to section 149 of Act 29. The appellant was the second accused at the trial and all the accused persons pleaded not guilty to all the charges preferred against them. The appellant was charged on five counts to wit: i) Conspiracy to commit robbery contrary to Section 23(1) and 149 of Act 29/60, ii) Unlawful entry contrary to Section 152 of Act 29; iii) Causing unlawful damage contrary to Section 172 of Act 29 iv) Robbery contrary to Section 149 of Act 29 After the close of the case of the prosecution the first accused (A1) was acquitte...