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BEN OKEKE & 3 ORS. V. THE REPUBLIC

(2012) JELR 68576 (SC)

Supreme Court  •  CRIMINAL APPEAL NO: J3/2/2011  •  30 May 2012  •  Ghana

Coram
AKUFFO [MS.] (JSC) (PRESIDING), ADINYIRA [MRS.] JSC, OWUSU [MS] JSC, YEBOAH JSC, GBADEGBE JSC

Judgement

SOPHIA A. B. AKUFFO (MS), JSC.

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. At the Sekondi High Court, they were tried on indictment and convicted of the offences. They were each sentenced to twenty-five (25) years IHL on each count to run concurrently. On appeal to the Court of Appeal, their conviction and sentences were affirmed. The appellants therefore brought a further appeal to the Supreme Court.

Brief Background

According to the Prosecution, the appellants are Nigerian citizens now resident in Ghana. On 21st December 2000 they arrived in Takoradi from Accra and continued to Tarkwa. They arrived in Tarkwa at about 10:00pm where they were led by a man by name C.K. to Akoon Small Mining Company. 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 office…

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