JOSEPH BAIDOO V. THE REPUBLIC

JUDGMENT

A M. DORDZIE JA:

FACTS:

On the 29^th of September 2008 at Batsona a suburb of Accra a group of armed robbers attacked a house occupied by a family of five. Louise Doe Atsiatome owns the said house, he lived in the said house with his wife and 3 children. At about 12.30 am to 2 am they were held at gun point whiles the robbers 3 in number one of them wearing a mask ransacked the rooms in the house and made away with a number of electronic devices belonging to the family. The mother of the family Mrs. Atsiatome was sexually attacked and was mercilessly raped in turns by two of the robbers who were not masked.

Investigations led to the arrest of Joseph Baidoo the appellant herein and Ekene Anozie. They were initially arraigned before the Circuit Court Tema where their trial commenced, the Circuit Court however by its notes at page 409 of the record of appeal declined jurisdiction since it does not have jurisdiction to try the offence of rape and advised the prosecution to seek advice…