<h2 class="ql-align-center">JUDGMENT</h2><p><strong>KUSI-APPIAH, J.A.</strong></p><p> The five accused persons were arranged before this court on 20^th November, 2009 on two counts of conspiracy to crime to wit, Robbery and Robbery contrary to Sections 23(1) and 149, and 149 of the Criminal Offences Act, 1960 (Act 29) respectively.</p><p>The particulars of the charge against the five accused persons are as follows:</p><p>COUNT ONE</p><p>BALLA FULANI, AMADU AHEJO, ABDULAI FUSEINI, FUSEINI AMADU, CHARLES MACCARTHY, you on or about 5^th October 2003 at Water Works near Akuse in the Greater Accra Region agreed or acted together with a common purpose to commit robbery.</p><p>COUNT TWO</p><p>BALLA FULANI, AMADU AHEJO, ABDULAI FUSEINI, FUSEINI AMADU, CHARLES MACCARTHY, you on or about the 5^th October 2003 at Water Works near Akuse in the Greater Accra Region, robbed one TEYE AMEKO MACCARTHY of his one shot gun valued at 1.5 million cedis, one packet BB Cartridge valued at 800,000 cedis and cash sum of 144,800,000 cedis.</p><p>The facts of the case as can be gleaned from the evidence are simply…</p>