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AMISSAH J.A.: 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.
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 Ac…