POKU vs. THE STATE

The appellant, Poku, was convicted of robbery under section 149 of the Criminal Code, 1960, for aiding and abetting two men who attacked Musa Gao in a taxi. Musa Gao, carrying £G190, boarded the appellant's taxi at a petrol station. The appellant picked up two other men who subsequently attacked Musa Gao, stole his money, and threw him out of the taxi. The appellant did not intervene and drove away with the robbers and the money. Musa Gao identified the appellant as the taxi driver at an identification parade. The appellant claimed an alibi that he had given the taxi to Kofi Agyeman during the relevant time, but this was contradicted by evidence and the appellant failed to call Agyeman as a witness. The prosecution presented bloodstains in the taxi and witness identification. The appellant was sentenced to seven years' imprisonment with hard labour.

JUDGMENT OF AKAINYA J.S.C. 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 a...