POKU vs. THE STATE [1966]DLSC1741

Date	1966-03-28
Suit No.
Citation No.	[1966]DLSC1741

MILLS-ODOI JSC

AKAINYAH JSC

LASSEY J.S.C.

G. D. AMPAW (WITH HIM AFREH) FOR THE APPELLANT.

K. A. SEKYI STATE ATTORNEY FOR THE RESPONDENT.

[1966]DLSC1741
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													<main id="main" class="content" style="min-height: 60rem" >POKU<o:p></o:p>&nbsp;vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1966] GLR 262<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
28 MARCH 1966.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

G. D. AMPAW (WITH HIM AFREH) FOR THE APPELLANT.<o:p></o:p>

K. A. SEKYI, STATE ATTORNEY, FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

MILLS-ODOI, AKAINYAH AND LASSEY JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AKAINYA J.S.C.<o:p></o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>After
passing the ahenboboanu (palace gates) and a water stand pipe and as the taxi
was nearing the roundabout on the airport and Aboabo road junction, the
appellant stopped again on his own and tooted his horn. A certain man then came
from the bush on the left hand-side of the road and boarded the taxi and the
appellant moved on in the direction of Brahabebome. Almost immediately, the new
comer attacked Musa Gao with a knife. He struck him on the forehead and cut him
on his left arm. The other man sitting on the back seat also took a knife and
held it against Musa’s right ribs and with the other hand pulled up his
(Musa’s) Hausa gown and covered his head with it. The new comer then searched
the pockets of Musa’s shorts and on discovering that there was money in one of
them, he cut open the said pocket and took out the money. Although Musa kept
shouting all the time, the appellant neither stopped nor did he make any
attempt to prevent the two men from attacking him. After the money had been
taken away, the appellant stopped the taxi on the Brahabebome road (which is
off the Aboabo road) and Musa was thrown out into the bush and the appellant
drove away with the two men and the money. Musa remained in that strange and
dark place for some time. Eventually when Musa got up he did not know exactly
where he was. He however wandered about till he got to Kejetia and someone led
him to the central police station where he made a report at 12.56 a.m. and
handed the small piece of paper on which he had written the number of the taxi
to the police. At day break, he was taken to the hospital and was treated.<o:p></o:p><o:p>&nbsp;</o:p>In consequence
of the report, Dectective Inspector Martin Augustus Asare went out on inquiries
and saw the appellant driving the said taxicab. Upon interrogation the
appellant told the inspector that although he was the owner of the said taxi,
he gave it to one Kofi Agyeman for some time and took over from the said
Agyeman between 8 p.m. and 9 p.m. on 8 November 1964. The inspector therefore
arrested the appellant and took him to the police station. He th</main>