MUKTARI vs. THE STATE

JUDGMENT OF AZU CRABBE J.A. Azu Crabbe J.A. delivered the judgment of the court. The appellant in this case was charged before the District Magistrate’s Court, Accra New Town, with the offence of fraud by false pretence contrary to section 131 of the Criminal Code, 1960.1 The particulars of the offence were stated as follows: “For that you Mallam Alhaji Muktari, on or about the 22nd day of July, 1963, at Nima in the Accra Magisterial District and within the jurisdiction of this court, with intent to defraud did obtain cash the sum of £G500 from one Emmanuel Annan by falsely pretending to the said Emmanuel Annan that you were a Mallam and that if he could give you the said sum of £G500 you would bless the said sum spiritually and buy for him a lorry with which he Emmanuel Annan would work and succeed and be free from misfortune, whereas in truth and in fact, you well knew at the time of making such statement to be false.” One other person (hereinafter referred to as the sec...