[1972]DLHC2416 • September 5, 1972 • High Court
REPUBLIC vs. MAIKANKAN AND OTHERS
Ten accused persons, all involved in the cattle business, were charged with multiple offences including conspiracy to defraud, conspiracy to contravene the Exchange Control Act, forgery, uttering forged documents, defrauding by false pretences, and making illegal payments outside Ghana. The prosecution alleged that the accused conspired to defraud the Bank of Ghana by submitting forged documents to obtain approval for transferring foreign exchange proceeds from cattle sales abroad. The accused acted as cattle dealers or agents, transferring money abroad on the strength of exchange control forms supported by forged veterinary permits, customs bills of entry, agency agreements, and tax clearance certificates. The accused pleaded not guilty to all charges.
read moreThe ten accused persons are charged with various offences, namely, (1) conspiracy to defraud contrary to sections 23 (1) and 131 of the Criminal Code, 1960 (Act 29); (2) conspiracy to contravene the restrictions imposed by section 6 of the Exchange Control Act, 1961 (Act 7 1); (3) conspiracy to commit forgery contrary to sections 23 (1) and 159 of the Criminal Code, 1960; (4) forgery, contrary to section 159 of the Criminal Code, 1960; (5) uttering forged documents, contrary to section 169 of the Criminal Code, 1960; (6) defrauding by false pretences contrary to section 131 of the Criminal Code 1960; (7) making illegal payments outside Ghana, contrary to section 6 of the Exchange Control Act, 1961, and paragraph 5 (1) of Part II of the Fourth Schedule to the Exchange Control Act, 1961 (Act 71). There are 515 charges in all and each of the accused persons has pleaded not guilty to all the charges against him. The case for the prosecution is simple: it is that the accused persons, all...