BEN OKEKE & 3 ORS. vs. THE REPUBLIC [2012]DLSC6386

Date	2012-05-30
Suit No.	CRIMINAL APPEAL NO: J3/2/2011
Citation No.	[2012]DLSC6386

AKUFFO [MS.] (JSC) (PRESIDING)

ADINYIRA [MRS.] JSC

OWUSU [MS] JSC

YEBOAH JSC

GBADEGBE JSC

AUGUSTINE OBUOR FOR THE APELLANTS

MARINA APPIAH-OPARE (PRINCIPAL STATE ATTORNEY) FOR THE REPUBLIC

[2012]DLSC6386
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >BEN OKEKE &amp; 3 ORS.<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>[SUPREME
COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CRIMINAL APPEAL NO: J3/2/2011&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 30TH MAY, 2012<o:p></o:p>

MARINA
APPIAH-OPARE (PRINCIPAL STATE ATTORNEY) FOR THE REPUBLIC<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>SOPHIA A. B. AKUFFO (MS), JSC. <o:p></o:p>The
appellants were charged with the offences of conspiracy to commit robbery
contrary to sections 23(1) and 149 of Act 29, and robbery contrary to section
149 of Act 29.&nbsp; At the Sekondi High
Court, they were tried on indictment and convicted of the offences.&nbsp; They were each sentenced to twenty-five (25)
years IHL on each count to run concurrently.&nbsp;
On appeal to the Court of Appeal, their conviction and sentences were
affirmed.&nbsp; The appellants therefore
brought a further appeal to the Supreme Court. <o:p></o:p>Brief Background <o:p></o:p>According
to the Prosecution, the appellants are Nigerian citizens now resident in
Ghana.&nbsp; On 21st December 2000 they
arrived in Takoradi from Accra and continued to Tarkwa.&nbsp; They arrived in Tarkwa at about 10:00pm where
they were led by a man by name C.K. to Akoon Small Mining Company.&nbsp; Armed with a single barrel shot gun, an axe,
a jack knife and a quantity of ammunition, the appellants together with certain
other persons attacked the security officers on duty.&nbsp; The appellants beat up these officers and afterwards
made away with a gold weighing machine valued at ¢12 million (old Cedis) and a
quantity of gold concentrate.&nbsp; The
appellants then continued to Wasa-Manso where they attacked the home of a
prosecution witness and his family.&nbsp; The
appellants hit the witness on the head and he fell down unconscious.&nbsp; They subjected his wife to severe beatings
after which they stole two travelling bags, a mobile phone and its charger, one
kente cloth and a sum of ¢1.1 million.&nbsp;
The appellants packed the items into the man's vehicle and fled but
abandoned the vehicle at a point after radio announcements had been made about
the robbery.&nbsp; Fortunately the appellants
were spotted by some town folks and were chased and apprehended and handed over
to the police. <o:p></o:p>The
grounds of appeal to the Supreme Court may be summed up as follows:— <o:p></o:p>1.
There was non-compliance with Section 187 and 188 of the Criminal and Other
Offences (Procedure) Act, 1960 (Act 30) were not complied with therefore the
committal proceedings were a nullity <o:p></o:p>2.
The amendment to the Bill of Indictment after the close of the case for the
prosecution has occasioned a substantial miscarriage of justice to the
appellant <o:p></o:p>3.
There was misdirection by non direction of the jury as regards alibi since the
appellants claimed they had not been at the crime scenes <o:p></o:p>4.
Failure to take the pleas of the Appellants in respect of count 3 was fatal to
the Respondent's case <o:p></o:p>5.
The Court of Appeal erred when it failed to consider the time factor in the two
robberies at Tarkwa Kwaabedu and Wasa Manso. <o:p></o:p>6.
The Court of Appeal erred when it held that the summing up is faultless when
the trial high court judge misdirected himself by non-direction of the jury as
to what constitutes a 'reasonable doubt' in criminal trial. <o:p></o:p>Beginning
with the first ground of appeal, Section 187 of Act 30 explains the process for
taking the statement of the accused person in court during committal
proceedings, whereas section 188 discusses the subject of witnesses for the
defence. Though the appellants' first ground of appeal is couched broadly under
sections 187 and 188, in his written submission before the Court, their counsel
only discussed section 187 of Act 30. <o:p></o:p>Section
187 provides as follows:— <o:p></o:p>(1)
'The Court shall, before deciding whether to commit the accused for trial,
address to the accused the following words or words to the like effect:— <o:p></o:p>"Before deciding whether to
commit you for trial, I wish to know if you have anything to say in answer to
the charge.&nbsp; You are not obliged to say
anything but if you have an explanation it may be in your interest to give it
now.&nbsp; What you wish to say will be taken
down in writing and if you are committed for trial it may be given in evidence.&nbsp; If you do not give an explanation your
failure to do so may be the subject of comment by the judge, the prosecution or
the defence." <o:p></o:p>(2)
'The Court shall comply with the rules set out in the Sixth Schedule as to the
taking of a statement.' <o:p></o:p>It
is notable that the Section makes it clear that 'words to the like effect' may
be used in addressing the accused person on the matter.' <o:p></o:p></</main>