YAOKUMAH vs. THE REPUBLIC [1976]DLCA454

Date	1976-03-29
Suit No.
Citation No.	[1976]DLCA454

AMISSAH J.A

ARCHER J.A

HAYFRON-BENJAMIN J.A.

AHENKRAH (AGBESI WITH HIM) FOR THE APPELLANT.

MAJ. A. B. DONKOR (CAPT. ALLOTEY WITH HIM ) FOR THE REPUBLIC.

[1976]DLCA454
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >YAOKUMAH<o:p></o:p>&nbsp;vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>&nbsp;[COURT
OF APPEAL, ACCRA]<o:p></o:p>[1976] 2 GLR 147<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
29 MARCH 1976<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">

AHENKRAH (AGBESI WITH HIM) FOR THE APPELLANT.<o:p></o:p>

MAJ. A. B. DONKOR (CAPT. ALLOTEY WITH HIM ) FOR
THE REPUBLIC.<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">

AMISSAH, ARCHER AND HAYFRON-BENJAMIN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMISSAH J.A.<o:p></o:p>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 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.<o:p></o:p><o:p>&nbsp;</o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant first told the Border Guards officers that the goods were for the
Ghana Armed Forces Institute then for the Christmas “wassa”. He was asked about
the documents covering the importation of the goods. He confessed he had none.
When asked where he had got the goods from, the appellant said he had been sent
by his superior to convey the goods from Denu. And according to the evidence,
he also said that the goods were for a member of the National Redemption
Council who would be retiring in 1975; that if he mentioned names it would
amount to exposing them. On the instruction of the senior Border Guards officer
at the post, a Lance Corporal Emuah, the vehicle, the goods and the appellant
were sent to Aflao where a report was made to Border Guard officer, Captain
Tsekpo.<o:p></o:p><o:p>&nbsp;</o:p>To
Captain Tsekpo, the appellant said the goods were for the former Chief of
Defence Staff. Subsequently the appellant changed this story. According to the
new story, he was in financial difficulty and had approached a friend at home
for help. As the friend could not give him money, the friend gave the drinks
instead and managed with the assistance of carriers to bring them through the
bush. The appellant again confessed that he had no importation documents to
cover the goods. The matter was thereafter reported to Accra. The eventual
result was the trial which ended in the appellant’s conviction.<o:p></o:p><o:p>&nbsp;</o:p>