PATTERSON AHENKANG AND 2 OTHERS (APPELLANTS) vs. THE REPUBLIC [2014]DLCA4949

Date	2014-03-25
Suit No.	CRIMINAL APPEAL NO.: H2/7/10
Citation No.	[2014]DLCA4949

E. K. AYEBI J.A. (PRESIDING)

IRENE C. DANQUAH J.A.

TANKO I. O. AMADU J.A.

[2014]DLCA4949
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													<main id="main" class="content" style="min-height: 60rem" >PATTERSON AHENKANG
AND 2 OTHERS<o:p></o:p>(APPELLANTS)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CRIMINAL APPEAL NO.: H2/7/10&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; TUESDAY,
25TH MARCH, 2014<o:p></o:p>

</div>CORAM:<o:p></o:p>E. K. AYEBI J.A. (PRESIDING), IRENE C. DANQUAH
J.A., TANKO I. O. AMADU J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormalCxSpMiddle" align="center" style="text-align:center;mso-pagination:
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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>AYEBI J.A.<o:p></o:p>This appeal has its genesis
in the Circuit Court, Nsuta in 2007.&nbsp; The
facts of the case will provide proper appreciation of the charges against the
appellants and I relate them briefly.<o:p></o:p><o:p>&nbsp;</o:p>There is a school in Ashanti
Mampong called Mensah Saahene International School.&nbsp; It was established and owned by Mensah
Saahene who died on 1st September 1999.&nbsp; The complainant Mavis Owusu Aboagye is the
widow of the late Mensah Saahene.&nbsp; She was
at the time the proprietress of the school.&nbsp;
She had one issue with her late husband.<o:p></o:p><o:p>&nbsp;</o:p>The three appellants herein
are the grandchildren of the late Mensah Saahene.&nbsp; There was a 4th accused person
Kwadwo Bronya at the trial court.&nbsp; He was
brought from Sekondi to Kumasi to heal his sick daughter of epilepsy.&nbsp; He lived in the house of the first appellant
who was appointed the customary successor of the late Mensah Saahene.&nbsp; He also jointly obtained letters of
administration with the complainant and one other in respect of the estate of
the deceased.<o:p></o:p><o:p>&nbsp;</o:p>On 9th June 2007,
the appellants agreed together to prepare a document purported to have been
written by the deceased husband of the complainant.&nbsp; The purpose of the letter was to put the fear
of death in the complainant unless she handed over the school to the first
appellant.&nbsp; To carry out the plan, 1st
appellant drove the 4th accused, a very old man then aged 87 years
to Mampong and pulled up near the school.&nbsp;
He caused the 4th accused to go and enquire about the
complainant.&nbsp; The 4th accused
met the watchman who said he did not know the whereabouts of the
complainant.&nbsp; The watchman secretly
followed 4th accused until he entered the first appellant’s white
Peugeot car No. WR 7787 C and he drove away to town.<o:p></o:p><o:p>&nbsp;</o:p>At Mampong town, first
appellant handed the 4th accused to the second appellant together
with the draft of the threatening letter.&nbsp;
Meanwhile the third appellant was waiting at a letter-writer’s place
near the Mampong High Court.&nbsp; The second appellant
led the 4th accused to the letter-writer.&nbsp; The 4th accused handed over the
letter to the letter-writer and he typed it in the presence of the third
appellant.<o:p></o:p><o:p>&nbsp;</o:p>The second appellant who
went to his drinking-bar close by returned to the letter-writer.&nbsp; After typing the letter, the second appellant
took it and read through.&nbsp; The
letter-writer did not put his stamp on it.&nbsp;
The second and third appellants caused the letter to be enveloped and
addressed to the proprietor of the Mensah Saahene International School. They
gave it to the 4th accused.<o:p></o:p><o:p>&nbsp;</o:p>The second appellant then
rode with the 4th accused on his motor-bike and alighted him near
the school.&nbsp; The 4th accused
delivered the letter to one Appiah, the director of the school.&nbsp; Appiah informed the complainant who followed
up immediately.&nbsp; When she opened and read
the letter, she experienced instant shock and feared for her life because the
letter came from a ghost.&nbsp; She made a
report to the police.&nbsp; The 4th
accused was arrested that night while the others were arrested later.<o:p></o:p><o:p>&nbsp;</o:p>The letter reads as follows:<o:p></o:p>