[2003]DLSC989April 2, 2003Supreme Court

ISA vs. THE REPUBLIC

The appellant, then Minister of Youth and Sports, travelled officially to Sudan on 23 February 2001 in connection with a FIFA World Cup qualifying match involving the Black Stars. He had been entrusted with US$46,000 intended for payment of winning bonuses and imprest for players and officials. He claimed he packed the money in his suitcase before departure, but upon arrival in Sudan the money was missing. He was unable to give a reasonable account of the loss. He was consequently charged with stealing and fraudulently causing financial loss to the State under sections 124(1) and 179A(3)(a) of the Criminal Code, 1960 (Act 29), as amended by Act 458. He pleaded not guilty but was convicted after trial. Portion of judgment: “He was entrusted with, inter alia, cash in the sum of US$46,000… The appellant alleged that he had packed… the sum of US$46,000 into his travelling suitcase… on arrival… he discovered that it did not contain the amount. The appellant was unable to reasonably account for the missing money. Consequently, the appellant was charged…”

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JUDGEMENT Akuffo JSC delivered the judgment of the court. The appellant was appointed the Minister of Youth and Sports. Soon after his appointment, it was decided that the national football team, the Black Stars, should participate in the Fifa World Cup Football qualifying matches to be held in Sudan on 25 February 2001. On 23 February 2001 the appellant travelled in his official capacity by air to Sudan for the matches. He was entrusted with, inter alia, cash in the sum of US$46,000. The amount was to be used for payment of winning bonuses and imprest for players and officials. The appellant alleged that he had packed, preparatory to his travelling, the sum of US$46,000 into his travelling suitcase. However, on arrival of the suitcase at the airport in Sudan, he discovered that it did not contain the amount. The appellant was unable to reasonably account for the missing money. Consequently, the appellant was charged before the Fast Track High Court, Accra on two counts of stealing ...