ATIEMO vs. COMMISSIONER OF POLICE [1961]DLSC1983

Date	1961-02-15
Suit No.
Citation No.	[1961]DLSC1983

ADUMUA-BOSSMAN JSC

MILLS-ODOI JSC

BLAY JSC

K. NARAYAN FOR THE APPELLANT

D. F. ANNAN

SENIOR STATE ATTORNEY

FOR THE RESPONDENT.

[1961]DLSC1983
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >

ATIEMO

[SUPREME COURT]

[1963] 1 GLR 117

DATE: 15TH FEBRUARY, 1963.

</div>

COUNSEL:&nbsp;&nbsp;

K.
NARAYAN FOR THE APPELLANT.

</div>

ADUMUA-BOSSMAN, MILLS-ODOI AND
BLAY JJ.S.C

</div>

&nbsp;

Adumua-Bossman J.S.C. delivered the judgment of the court. The
appeal is against a conviction dated the 8th May, 1962, of the appellant by the
Circuit Court, Accra (Judge H. P. L. Bannerman, as he then was) on three counts
of defrauding by false pretences, contrary to section 131 of the Criminal Code,
1960.1 The particulars in each case were that:

“With intent to defraud, you did obtain the consent of one
Sulemanu Mensah Disu, a building contractor of Accra, to part with the amount of
£G100 [in the first charge, but £G400 and £G1,000 respectively in the second
and third charges] by falsely pretending that you were a top-ranking executive
member of the C.P.P., and that if the said sum be given to you, you could
obtain existing government contracts for the said Sulemanu Mensah Disu, which
pretence you knew to be false.”

The prosecution’s case was: That during April-May 1960 the
complainant (P.W.1) was constructing a building at a site near Kimberley
Avenue, Accra, when one morning the appellant came there. He asked who was
doing the work and the complainant replied that he was. The appellant then said
he was one of the executive members of the C.P.P. and had been asked to go
round to see “efficient African contractors who can put up good buildings, for
now-a-days the government don’t want to give work to Europeans.” The
complainant said he had tendered for a long time without success, whereupon the
appellant observed that one should not tender without following it up with
arrangements; he further said he was “an arrangement-man who dealt direct with
the Prime Minister [at that time] through his mother,” and could arrange
matters for the complainant if he wished. He then promised to return next
morning to take the complainant to the Prime Minister’s mother, and came and
took him as promised. They saw the Prime Minister’s sister, Afuah Nkrumah who,
at the appellant’s request, took the complainant to greet her mother. From
there they went to the complainant’s house where the appellant asked for £G100
with which to start arrangements. The complainant requested him to return in
the afternoon and he came at about 3 p.m. and was paid £G100 by the complainant
in the presence of his son (P.W.4). Subsequently the appellant got the
complainant to drive him to call on one Amponsah (P.W.3), the C.P.P. Chairman
of the Akim Abuakwa constituency at Apedwa, who in turn led them to Suhum to
call on Mr. Amoah-Awuah (P.W.6), then Deputy Minister for Trade and Industries
and Chairman of Tender Board, with whom Amponsah and the appellant had a short
conversation. Afterwards the appellant explained that £G400 was wanted for Mr.
Amoah-Awuah for the complainant to secure the contract for a judge’s residence
at Ho, and the complainant undertook to supply the amount at Accra. Still later
when the complainant was driving the appellant from Suhum to his home town
Amanokrom, the latter said there was another contract for a secondary school
building at Kibi by the Ghana Educational Trust which was to be given out to
Mr. Arthur, Director of the Educational Trust (P.W.2), Mr. Ofori-Atta, the
Minister of Justice, and the Prime Minister, and that £G1,000 was required for
distribution in the proportion of £G250 to Mr. Arthur, £G250 to Mr. Ofori-Atta,
and £G500 to the Prime Minister, to ensure securing that contract also, and he
requested the complainant to get both sums for the two contracts ready for him
to collect at Accra on the morrow. Accordingly on the morning of the next day,
the 27th April, 1960, the complainant accompanied by his son (P.W.4) went and
withdrew £G1,500 from his savings account at the British Bank, Accra, and when
the appellant called at the house in the afternoon as arranged, he was paid
£G400 by the complainant for the Ho contract in the presence of his son
(P.W.4). He directed the complainant to hold on to the £G1,000 awhile until he
could bring Mr. Arthur (P.W.2) to see how efficiently the complainant could
construct a building. Two days later he brought Mr. Arthur whom the complainant
showed round, after which he went to the house in the afternoon and was paid
the £G1,000 by the complainant in his son’s presence.

A few days prior to the receiving the £G1,000 the appellant had
persuaded the complainant to take him into his business and change the business
or firm name. The appellant brought the necessary forms which they signed
together, and he went and effected the registration of the new firm with
himself as a member.

About the time of the receipt of the £G1,000 the Prime Minister
was away in the United Kingdom. The appellant assured the complainant that he
would get the contracts when the Prime Minister returned, but at that material
time, the appellant could not be found. Meanwhile, through the medium of
another friend, the complainant interviewed Mr. Arthur (P.W.2) and discovered
something of the appellant’s misrepresentations, and at the same time learnt
that the Ho contract had been given to another. Accordingly, accompanied by two
friends, Aboagye (away in England at the time of the trial) and Addison (P.W.5)
he sought out the appellant at his home in Amanokrom early one morning and
confronted him with the discovery of his misrepresentations and frauds
whereupon the appellant offered to refund his moneys and asked to be taken to a
brother in Tema from whom he would get the amount. He was driven to Tema where
the brother could not be found, then driven back to Amanokrom where he could
get no money from anybody. The party then returned again to Tema in the hope of
finding the brother but as he was still not to be found, the complainant
reported the matter to the police who arrested the appellant on the 13th July,
1960, and in due </main>