BADU ALIAS BUKARI
V.
THE REPUBLIC

ANIN J.A.: The appellant was charged and tried (together with three others, the non-appellants herein) summarily before the Accra Circuit Court presided over by his honour, Judge Atta-Fynn, on a first count of conspiracy to rob and a second count of robbery, contrary to sections 23 (1) and 149 respectively of the Criminal Code, 1960 (Act 29). The particulars of offence alleged that the accused persons on 3 July 1972 at Accra agreed together with a common purpose to commit a crime, to wit robbery; and did rob one Mrs. Margaret Okyere of one Peugeot 404 car No. GK 2408 valued at ¢4,900.00. The salient facts as disclosed by the evidence of the five prosecution witnesses were that the complainant parked and locked her car at about 8.30 p.m. at the Marine Drive beach near the Independence Square. She had gone there to pray, accompanied and led in prayers by Prophetess Comfort Mensah. After prayers, the ladies were returning to their parked car when they saw the first three accused persons…