[2023]DLCA16049 • March 23, 2023 • Court of Appeal
BASHIRU ABDULAI vs THE REPUBLIC
The appellant, Bashiru Abdulai, was charged with robbery contrary to Section 149(1) of the Criminal and Other Offences Act 1960 (Act 29) as amended by Act 646. He pleaded guilty simpliciter before the Circuit Court, Nsuta-Ashanti, and was convicted and sentenced to 13 years imprisonment. The appellant appealed to the High Court, which reduced the sentence to 10 years considering mitigating factors. The appellant then appealed to the Court of Appeal on grounds alleging statutory and procedural breaches rendering the trial, conviction, and sentence null and void.
read moreJUDGMENT SUURBAAREH, JA This is an appeal against the judgment of the High Court, Kumasi, dated 23rd July, 2021. The Notice of Appeal, filed on 12th May, 2022, pursuant to leave granted on 5th May, 2022, is complaining about the whole judgment of the High Court for failing to set aside the conviction and sentence by the Circuit Court. The grounds of appeal, per the Notice of appeal, are the following: “i. That the Honorable High Court erred when it failed to hold that the conviction was given contrary to law and procedure and thus occasioned a substantial miscarriage of justice. ii. The whole judgment of the Honorable High Court failed to consider clear statutory and procedural breaches which borders on jurisdiction of the Circuit Court relative to the conviction and sentence of the Petitioner/Appellant. iii. The whole trial, conviction and sentence of the Petitioner/Appellant is null and void on ground of violation of mandatory statutory and procedural requirements.” Ev...