IBRAHIM SAEED vs. THE REPUBLIC [2019]DLHC10116

Date	2019-07-22
Suit No.	CASE NO. CR/0404/2019
Citation No.	[2019]DLHC10116

JUSTICE GEORGE BUADI J.

GAD COBBINAH ESQ FOR APPELLANT

JOYCE DEBRAH (STATE ATTORNEY) FOR REPUBLIC/RESPONDENT)

[2019]DLHC10116
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													<main id="main" class="content" style="min-height: 60rem" >IBRAHIM SAEED<o:p></o:p>(CONVICT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>[HIGH COURT
(CRIMINAL DIVISION, 5) ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>GAD COBBINAH, ESQ,
FOR APPELLANT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JOYCE
DEBRAH (STATE ATTORNEY) FOR REPUBLIC/RESPONDENT)<o:p></o:p>

</div>CORAM:<o:p></o:p>JUSTICE GEORGE
BUADI J.<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT ON
CRIMINAL APPEAL<o:p></o:p>

</div>&nbsp;1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Introduction<o:p></o:p>This is a criminal
appeal from the judgment of the Circuit Court, Accra dated 2 September 2013.<a href="file:///C:/Users/aggie/Desktop/2020-21/Criminal/Ibrahim%20Seed%20v%20Republic%20(2021_01_25%2010_26_20%20UTC).docx#_ftn1" name="_ftnref1" title="">[1]</a> The
appellant herein and one Amartey Otu were charged before the trial circuit court
with four counts of criminal charges – conspiracy to commit robbery; attempt to
rob; causing harm; and possession of firearm without authority contrary to s. 23(1)
and s.149; s.18(1) and s.149; and s.69 all of the Criminal Offenses Act, 1960
(Act 29), as well as s.11, Arms and Ammunition Act, 1972 (NRCD 9) respectively.
<o:p></o:p>&nbsp;As usual with police
investigation reports, the two accused persons were reported to have admitted
the offenses for which reason they were charged with the said offenses and
arraigned before the Circuit Court, Accra. At the court, the accused persons denied
the charges but after full trial, the court convicted both and gave sentences
the court deemed appropriate: appellant to 15 years and 30 years IHL on count
one and two respectively, and the other accused to 15 years, 30 years, 5 years
and another 5 years on counts one to four respectively, the sentences to run
concurrently. <o:p></o:p>&nbsp;The facts
according to the police as contained on the factsheet that accompany the charge
are that on November 2011, appellant and his friend, the co-convict Amartey Otu
were alleged to have hatched a plan to snatch vehicles for sale. They were
alleged to have secured a locally made pistol and cartridges for this purpose,
and a prospective buyer to whom they could quickly sell the vehicles. Whilst
looking out for a prospective buyer, the appellant found an old friend who
assured appellant of a prospective buyer. The friend, happened to be a police informant
who informed the police of the intention of the two. The police asked the
informant to feign interest in the robbery, whilst undercover policeman was
appointed to act as the prospective buyer. According to the police, the accused
persons were made to speak to the prospective buyer on phone, and assured the
buyer that the car would be ready in the early morning of 19 December 2011.
According to the police they asked the informant to join the planned robbery to
play specific roles in order to assist the police in arresting the accused
persons.<o:p></o:p>&nbsp;According to the
police, about 1:30 am on 19 December 2011, appellant hired a taxicab with
registration number GC 6757-11, driven by the complainant. On the way to New
Town, Accra, appellant caused the driver to pick up A2 who sat at the back seat
behind the driver with the pistol. The informant was then sitting at the front
seat. At a section of the road A2 pointed the pistol at the driver, and ordered
him to stop and surrender the car to them. The driver resisted and in the
ensuing struggle in the car, A2 shot the driver at the left shoulder from
behind. Sensing difficulty in subduing the driver and to rob him of the car,
the accused persons got out of the car and run away. <o:p></o:p>&nbsp;The alleged police
informant strangely remained seated in the cab whilst the cab driver raised
alarm attracting people to the scene who subjected the informant to severe
beatings. He was later handed him over to the police, while the cab driver
victim was rushed to the 37 Military Hospital. A couple of days later, 22
December 2012, the informant according to the police lured the accused persons
into the grips of the police, who retrieved the local pistol and two live
cartridges from the room of A2 where the accused persons live.<o:p></o:p>