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FRANCIS BEDZRAH V. THE REPUBLIC

(2017) JELR 63750 (CA)

Court of Appeal  •  CRIMINAL APPEAL NO: H2/3/2016  •  16 Nov 2017  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., I.O.TANKO AMADU J.A.

Judgement

JUDGMENT

F.G. KORBIEH, J.A.

On page 3 of the ROA, the appellant (as the 2nd accused), George Ayitey @ George Johnson Layitey (as 1st accused), Mawuli @ Shortie (as 3rd accused) Abdul Razak @ Zak (as 4th accused who was at large) and Gedo (as 5th accused) were recorded as being arraigned before the High Court, Accra and charged with the offences of conspiracy to commit robbery and robbery. The 4th accused, Abdul Razak alias Zak was at large and understandably not in court. But there was no explanation as to the whereabouts of the 5th accused, Mohammed Gedo. So even though there were supposed to be four accused persons present in court that day, only three of them were charged: all three pleaded not guilty to the two counts of conspiracy to rob and robbery. The brief facts of the case were given by the prosecution as follows: the three accused persons, i.e. the appellant, George Ayitey and Mawuli, armed with a pistol supplied by Gedo, had robbed the station manager of the Glory Filling St…

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