NYARKO vs. THE REPUBLIC

This is a criminal appeal from the judgment of his honour Judge E. T. A . Torto sitting at Ho Circuit Court wherein upon trial and conviction of the appellant herein on 15 August 1973 for the crime of smuggling, the learned judge sentenced the appellant to five years’ imprisonment with hard labour. It is against this conviction that the appellant appeals to this court and even though four grounds of appeal were filed, Mr. Agbettoh counsel for the appellant in arguing this appeal has confined himself to only two grounds, namely: (1) that the learned trial judge erred in law when he admitted the appellant’s statement without first investigating whether he made it or not and (2) that the learned trial judge erred in law when he allowed further evidence to be led by the prosecution at the close of the case for the defence. Before considering the merits in this appeal, I would state concisely the facts leading to the arrest, prosecution and subsequent conviction of the appellant in the ...