POKU v. THE STATE
1966
SUPREME COURT
GHANA
CORAM
- MILLS-ODOI
- AKAINYAH
- LASSEY JJ.S.C
Areas of Law
- Criminal Law and Procedure
- Evidence Law
1966
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The appellant was convicted of robbery and sentenced to seven years' imprisonment based on strong evidence, including identification by the victim and blood stains found in the appellant's taxi. The appellant's appeal was dismissed as the court found that the trial judge rightly rejected the inadmissible written statement from Kofi Agyeman and properly considered the identification and evidence. The court held that the appellant aided and abetted the robbery and dismissed all grounds of appeal.
Akainyah J.S.C. delivered the judgment of the court. The appellant was convicted by Baidoo J., sitting with assessors at the Criminal Session of the High Court, Kumasi, on 23 August 1965, on a charge of robbery contrary to section 149 of the Criminal Code, 1960,1 and sentenced to a term of seven years' imprisonment with hard labour.
The facts relied upon by the prosecution are that on 8 November 1964, one Musa Gao, a salt dealer of Tepa, arrived in Kumasi with cash the sum of £G190 and alighted from the lorry at the Agip petrol filling station near Kejetia at about 8.15 p.m. He inquired of his countryman, one Abudulai Gao, who is the watchman at the station. On being told that he had not yet reported for duty, Musa Gao told the attendants at the station to tell Abudulai whenever he reported for duty that he should meet him (Musa Gao) at Nkrumah Market next morning with the money he realised from the sale of salt left with him. There were two taxicabs at the station at the time. One left with some passengers and the other which was empty also moved. Musa Gao, therefore, shouted "service" and the driver reversed the taxi towards him. Meanwhile, Musa Gao wrote the number of the said taxi, AT 4931, on a piece of paper and kept it. He then told the driver that he wanted to go to Aboabo No.1, Kumasi, and the driver told him that the fare was three shillings. He agreed and boarded the taxi. Although it was past 8 o'clock in the evening, Musa Gao clearly saw the face of the driver, because the filling station was brightly lit. That driver is the appellant.
The appellant then moved the taxi. Just about ten yards away from the filling station, he suddenly stopped near a certain man who was standing by the side of the road, and without a word from the said man, the appellant told Musa Gao that the man too wanted to go to Aboabo No.1 but had only one shilling and six pence, so he should agree to let him board the taxi and bear the fare with him in equal shares. Musa Gao agreed and the man came on board and sat with him on the back seat. As the place was dark, Musa requested the appellant to put on the inside light to enable him to see the face of the new passenger but the appellant said that the light was out of order. When the taxi moved again. Musa requested the appellant to pass through the Aboabo lorry station and Asawasi but the appellant said he preferred the Manhyia route, so he drove towards that direction.
After passing the ahenboboanu (palace gates) and a