OBENG ALIAS DONKOR AND OTHERS vs. THE STATE

The appellants were tried in the High Court at Accra before Apaloo JSC sitting with assessors on charges arising out of the alleged misappropriation of monies belonging to the United Ghana Farmers Council. All the appellants were charged on a count of conspiracy to steal contrary to sections 23(1) and 124 of the Criminal Code, 1960. All except the first appellant were also charged with abetment of crime contrary to sections 20(1) and 124. The first appellant alone faced six counts of stealing various sums of money belonging to the Council. At trial, some co-accused were acquitted. The first appellant was also acquitted on count 4 because the trial judge held that although the evidence proved appropriation of £G315, the charge alleged theft of £G321 19s. 6d. and had not been amended. The Supreme Court, while dismissing all the appeals, commented that the trial judge had erred in law on that point because proof of theft of part of the sum charged was sufficient. Source in judgment: “All the appellants in this case were convicted on various counts... They were charged together with others... on the first count of conspiracy to steal... and all, except the first appellant, were charged with abetment of crime... The first appellant alone was charged on six counts of stealing various sums of money belonging to the United Ghana Farmers Council... The first appellant was acquitted on the fourth count of stealing...”