THE REPUBLIC vs. WAHAB AMIDU AND 2 OTHERS [2018]DLCA4782

Date	2018-05-23
Suit No.	CRIMINAL APPEAL NO.: H2/2/18
Citation No.	[2018]DLCA4782

IRENE C. LARBI (MRS) J.A. (PRESIDING)

LAWRENCE L. MENSAH) J.A.

A. M. DOMAKYAAREH (MRS.) J.A.

HARRY HALIFAX HAYFORD FOR THE APPELLANT

PATIENCE KLINOGO FOR THE RESPONDENT

[2018]DLCA4782
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>vs.<o:p></o:p>WAHAB AMIDU AND
2 OTHERS<o:p></o:p>(APPELLANTS)<o:p></o:p>[COURT OF APPEAL, CAPE COAST]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CRIMINAL APPEAL NO.: H2/2/18&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;DATE: 23RD MAY, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>HARRY
HALIFAX HAYFORD FOR THE APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:<o:p></o:p>IRENE
C. LARBI (MRS) J.A. (PRESIDING),
LAWRENCE L. MENSAH) J.A., A.
M. DOMAKYAAREH (MRS.) 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="MsoNormal" align="center" style="text-align:center;line-height:115%;
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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>A.M.
DOMAKYAAREH (MRS), J.A <o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
appellant in this case, the 1st convict, was charged, tried and
convicted for robbery contrary to Section 149 of Act 29 of 1960 as amended by
Act 646 of 2003 at the High Court, Sekondi on 18th November 2004
together with the 2nd and 3rd convicts.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
facts are that on 29th August 2004 at about 1.00am the appellant
together with the 2nd and 3rd convicts and others, who
are on the run, mounted an illegal road block on the Takoradi-Tarkwa motor road
at a spot between Nsuaem and Essam.&nbsp; They
blocked the Road on both sides so that no one could drive through.&nbsp; The Appellant and his gang stopped a total of
about 14 vehicles and escorted those on board out of their vehicles on knife
and cutlass points.&nbsp; In all, about 40
passengers fell victim to the unlawful acts of the appellant and his gang.&nbsp; Under the actual acts of assault and battery,
the appellant and his gang dispossessed their victims of all their monies and
mobile phones.&nbsp; One of the victims was
PW1 Anthony Nyameke Adolley alias P.K. who was driving his Urvan bus with
Registration Number WR 1181 S from Tarkwa direction to Takoradi.&nbsp; On reaching the road block mounted by the
appellant and his gang, he was ordered at gun point to get down with the other
inmates of the vehicle.&nbsp; He was
threatened with assault and in the process, they managed to collect his money,
his vehicle key and the vehicle as well.&nbsp;
They loaded the vehicle with all their booty and drove away.&nbsp; After they left Mr. P.K. managed to get to
the Police Barrier at Apremdo and made a report.&nbsp; He later continued to Kwesimintsim Police
Station to lodge a report.&nbsp; The Policemen
at the Apremdo Barrier started checking all passengers from Tarkwa direction
entering Takoradi.&nbsp; The appellant and his
two fellow 2nd and 3rd convicts were searched on some of
the vehicles and monies and mobile phones of Anthony Adolley alias P.K. were
found on them.&nbsp; They were accordingly
arrested.&nbsp; Later that morning P.K. and
the occupants of his vehicle went to the Police Station to continue with the
formalities of writing their Statements and saw the appellant and his fellow 2nd
and 3rd convicts.&nbsp; P. K. and
his team spontaneously identified them as the ones who robbed them of their
monies, mobile phones as well as the bus.&nbsp;
After Police investigations, they were charged before the High Court
Sekondi, tried and convicted.&nbsp; The 1st
convict/appellant was sentenced to 35 years Imprisonment with Hard Labour. The
2nd convict was sentenced to 20 years Imprisonment with Hard Labour and the 3rd
convict sentenced to 35 years Imprisonment with Hard Labour.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;