RAHIM IBRAHIM AND 3 OTHER vs. THE REPUBLIC [2017]DLCA5012

Date	2017-07-19
Suit No.	CRIMINAL APPEAL NO.: H2/2/201
Citation No.	[2017]DLCA5012

DENNIS ADJEI JA (PRESIDING)

AVRIL LOVELACE-JOHNSON JA

BARBARA ACKAH-YENSU (MS) JA

RICHARD ADAZABRAH ESQ. FOR THE 1ST

2ND AND 5TH APPELLANTS.

MUSAH MOHAMMED ESQ. FOR THE 3RD APPELLANT

SALIA ABDUL KUDOS (PSA) FOR THE RESPONDENT

[2017]DLCA5012
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													<main id="main" class="content" style="min-height: 60rem" >RAHIM IBRAHIM AND 3 OTHER<o:p></o:p>(1ST
-5TH ACCUSED/APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(DEFENDANT/RESPONDENT)<o:p></o:p>[COURT OF APPEAL, TAMALE]<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.: H2/2/201&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; &nbsp; &nbsp; &nbsp; 18TH
JULY, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>RICHARD ADAZABRAH ESQ.
FOR THE 1ST, 2ND AND 5TH APPELLANTS.<o:p></o:p>MUSAH MOHAMMED ESQ. FOR
THE 3RD APPELLANT <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SALIA ABDUL KUDOS (PSA) FOR THE
RESPONDENT<o:p></o:p>

</div>CORAM:<o:p></o:p>DENNIS
ADJEI JA (PRESIDING), AVRIL LOVELACE-JOHNSON JA, BARBARA ACKAH-YENSU (MS) JA<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;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>BARBARA ACKAH-YENSU (Ms) JA<o:p></o:p>This is an appeal against the conviction of and
sentence imposed on the Appellants herein by the High Court, sitting at Wa. <o:p></o:p><o:p>&nbsp;</o:p>The Appellants were charged together with two
others for various offences.&nbsp; Rahim
Ibrahim, the 1st Appellant was accused of stealing and unlawful
entry.&nbsp; Salifu Shierif, the 2nd
Appellant was accused of dishonestly receiving and having in his possession,
stolen property.&nbsp; Sadat Seidu Guonaa, 3rd
Appellant was accused of having in his possession stolen property and causing
lawful damage. Aloya Amadeus, 4th Appellant who was the 5th
Accused at the trial, was accused of having in his possession stolen property
and unlawful damage.<o:p></o:p><o:p>&nbsp;</o:p>These are the antecedents to this case.&nbsp; The Police had information that 2nd
Appellant had in his possession a 50-inch LG Flat screen television set which
was suspected to be stolen property.&nbsp;
Upon his arrest, 2nd Appellant told the Police that the TV
set was for 1st Appellant and that he swapped his own 43-inch TV set
with 1st Appellant and added an amount of Gh¢300.00 for the 50-inch
TV set.&nbsp; The Police therefore arrested 1st
Appellant who told the Police that he bought the TV set from the 6th
Accused person, Haadi (who was at large) for an amount of Gh¢1,500.00.<o:p></o:p><o:p>&nbsp;</o:p>4th Appellant was arrested by the Police
on suspicion that he was behind the theft of a motor bike.&nbsp; During a search in his room, the Police found
a block iPhone which was suspected to be stolen property.&nbsp; 4th Appellant told the Police that
the iPhone was given to him by the 6th Accused person for him to
work on it, however he was unable to assist the Police to locate the said 6th
Accused.<o:p></o:p><o:p>&nbsp;</o:p>The Police subsequently made a radio
announcement for individuals who had lost any of the found items to come and
identify and collect them.&nbsp; The Complainant,
Emmanuel Eledi identified the TV set and the iPhone as belonging to him.&nbsp; Emmanuel Eledi had earlier (31st May,
2015) made a report to the Wa District CID that his TV set, Dell laptop,
iPhone, and external drive and a lady’s hand bag had been stolen from his
room.&nbsp; The Appellants were subsequently
charged with two others after investigations were conducted and arraigned
before the Wa High Court.<o:p></o:p><o:p>&nbsp;</o:p>With regards to the 2nd Appellant,
it is the Prosecution’s case that the Police obtained information that he had
in his possession a black dell laptop computer which was suspected to be stolen.&nbsp; He was arrested but he told the Police that
it was another accused person named Abdul Rahman Fatawu who brought the laptop
to him but he rejected it.&nbsp; He promised
to assist the Police to arrest the said Abdul Rahman.&nbsp; Subsequently, the 3rd Appellant
sent the laptop to the Police saying that Abdul Rahman had sent the laptop to
him from Tamale to be given to the Police.&nbsp;
Abdul Rahman later turned himself in to the Police.&nbsp; He told the Police that he borrowed the
laptop from the 3rd Appellant to watch a movie but he travelled to
Tamale with it.<o:p></o:p>