AKAINYA J.S.C.: 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 at the station at the time. One left with some passengers and the other…