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NII QUAYE NAI @ABDALLAH MALIK V. THE REPUBLIC

(2025) JELR 114511 (CA)

Court of Appeal  •  H2/27/2024  •  27 Feb 2025  •  Ghana

Coram
OPPONG J.A. (PRESIDING), ACKAAH-BOAFO J.A., TANDOH J.A

Appearances
NKRABEAH EFFAH DARTEY (ESQ) FOR APPELLANT ESI DENTAA YANKAH FOR RESPONDENT (PSA)

Judgement

JUDGMENT 

Ackaah-Boafo, JA

i.          Overview:

[1]       On the night of May 28, 2008, heavy rain poured over Accra. Harry Atsu, a bar attendant at Hill Top Hotel near Accra Girls High School, was nearing the end of his shift. By 11:00 P.M., the hotel was quiet, and he and his colleagues were preparing to close for the day. Suddenly, a group of young men entered the hotel after persuading the security guard at the entrance that they wanted to buy drinks. As Harry noticed them, he stood up, but one of the men immediately ordered him to sit down and pulled out a gun. The sight of the weapon left Harry in such shock that he was unable to recognize/identify the gunman. The intruders then forced Harry and his co-workers to the reception area and ordered them to lie down. They proceeded to steal decoders, mobile phones, and cash before making their escape.

[2]   The Appellant and four others were later arrested and charged with conspiracy to commit robbery and robbery. All the accused, except…

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