YAOKUMAH v. THE REPUBLIC

JUDGMENT OF AMISSAH J.A.

Major Yaokumah was convicted by a General Court Martial of smuggling, absenting himself without leave and using a vehicle of the Armed Forces for an unauthorised purpose. He was sentenced by the court to eight years' imprisonment with hard labour. The confirming officer, the Chief of Defence Staff, reduced the sentence to five years imprisonment. Major Yaokumah has appeal to this court against his [p.149] conviction on a large number of grounds, some drafted by himself, others drafted by his counsel. Only three points, however, emerged from the profusion of grounds filed in the argument of counsel on the appeal. Before coming to them a look at the fact should be helpful.

On 12 December 1974, the appellant requisitioned a three ton vehicle from a transport unit in the Army. It was about 1 p.m. He said he needed the vehicle to collect his personal effects from within Accra town. Having been provided with the vehicle and a military driver, he instructed the driver to drive to the Accra-Tema Motorway, then on to the Accra- Keta road until they got near to the Ghana-Togo border. They did not go to any town on the border but on the appellant's instructions the driver stopped at a point by the bush near the border. By then the appellant had told the driver that he was going to collect goods for the military store of the Ghana Armed Forces Institute and for their annual "wassa" celebration. From the bush the goods which formed the subject-matter of the charge were loaded onto the vehicle. This was between 6.30 and 7 p.m. The goods consisted of six cases of Beefeater gin, seven cases of Campari, six cases of Rothmans Kingsize cigarettes and a large quantity of whisky—54 cases of all kinds including brand names like Dimple, Johnnie Walker, both black and red label, Passport and Old Smuggler. There can be no question that these goods were smuggled into this country. They were undoubtedly dutiable goods. They were goods the importation into this country of which required a licence. No duty could have been paid on them on their importation. And the evidence points irresistibly to there being no licence to cover their importation.

Having loaded the vehicle with these goods, the appellant and the driver proceeded on their journey back to Accra. At the Torve barrier they were stopped by a group of Border Guards officers who searched the vehicle and found the goods on it. The time was by now getting to 10 p.m.

The appellant first told the Bor