COMMISSIONER OF POLICE vs. AFARI AND ADDO [1962]DLSC1406

Date	1962-06-22
Suit No.
Citation No.	[1962]DLSC1406

VAN LARE JSC

ADUMUA-BOSSMAN JSC

CRABBE J.S.C.

K. NARAYAN (WITH HIM AMPAW) FOR THE APPELLANTS.

K. DUA SAKYI D.P.P. (WITH HIM MISS E. ARYEE) FOR THE RESPONDENT (THE STATE).

[1962]DLSC1406
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">COMMISSIONER OF POLICE <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">AFARI AND ADDO <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1962] 1 GLR 483<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 22ND JUNE, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

K.
NARAYAN (WITH HIM AMPAW) FOR THE APPELLANTS.<o:p></o:p>

K.
DUA SAKYI, D.P.P. (WITH HIM MISS E. ARYEE) FOR THE RESPONDENT (THE STATE).<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

VAN LARE, ADUMUA-BOSSMAN AND
CRABBE, JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
CRABBE J.S.C.<o:p></o:p>Crable J.S.C. delivered the judgment of the court. The appellants
in this case were convicted on 14th March, 1962, at the Accra Circuit Court.
Both appellants were charged with conspiracy to defraud by false pretences
contrary to section 23 (1) and section 131 of the Criminal Code, 1960.1(1) The
first appellant alone was charged on the second count with defrauding by false
pretences contrary to section 131 of the Criminal Code, 1960, and the second
appellant on a third count with aiding and abetting the first appellant in
committing the offence stated in count 2 contrary to section 20 (1) and (2) and
section 131 of the Criminal Code, 1960.<o:p></o:p><o:p>&nbsp;</o:p>The first appellant who lived at Accra, was until his conviction a
Member of Parliament for Sunyani East Constituency. He was on the 1st July,
1960, appointed Chairman of the Food and Nutrition Board, but his appointment
was revoked by a letter written to him and signed by the President on the 17th
September, 1960, the effective date of the termination of the appointment.<o:p></o:p><o:p>&nbsp;</o:p>The second appellant who lived at Takyimantia was also at the
material time a member of the Brong-Ahafo Central Local Council. He was at one
time the personal secretary of the first appellant, and there is no doubt about
the friendly relationship existing between both appellants.<o:p></o:p><o:p>&nbsp;</o:p>The circumstances leading to their prosecution were that some time
in February, 1961, the second appellant met the complainant, one Samuel Henry
Owusu, at Takyimantia and told him that the first appellant was in a position
to offer employment to people and that if the complainant got £G250 he would
take him to the first appellant in Accra and he would be given a job as a
marketing officer under the Food and Nutrition Board. At that time the
complainant was thinking of giving up his own job and naturally he became
interested in the information he got from the second appellant. With the
assistance of the second appellant the complainant tried to raise a loan, and
in March 1961 one Yaw Fosu lent the complainant the sum of £G300. The
complainant hired a taxi one Sunday morning in the same month and together with
the second appellant left Takyimantia for Accra to see the first appellant.
They were accompanied by one Daniel Christian Boateng. In the house of the
first appellant at Ringway Estate, Accra, after an introduction of the
complainant by the second appellant, the first appellant told the complainant
that he was the Chairman of the Food and Nutrition Board and that if the
complainant had brought the sum of £G250 “the job is there I will give you.”
The complainant therefore paid to the first appellant the sum of £G250, and
then left the house after he had been assured by the first appellant that he
was in a position to offer him the job as a marketing officer within a month
from the date of the payment of the money. After waiting for a month without
realising his hopes the complainant made several approaches to both appellants
but without any results. Eventually the first appellant confessed that he could
not offer the complainant the job and therefore promised to refund the amount
of £G250 to the complainant. The first appellant then wrote a promissory note,
exhibit A, which was dated 14th July, 1961. This amount was payable at the end
of July, 1961, but when the first appellant defaulted on the date of payment
the complainant wrote to the President of the Brong-Ahafo House of Chiefs, Nana
Fosu Gyeabour II (P.W. 4), to complain to him about first appellant’s conduct.
The first appellant was invited by P.W. 4 to Bechem and there he admitted that
he received the sum of £G250 from the complainant in order to give him a job as
a marketing officer, and he promised to refund the sum of £G200 which he took
for himself to the chief, and requested him to get the £G50 which he said he
had paid to the second appellant. Nana Fosu Gyeabour II also sent for the
second appellant who came and admitted that he received £G50 from the amount
paid by the complainant to the first appellant and also promised to refund it.
Notwithstanding the promises by the two appellants neither refunded the money
and eventually the complainant made a report to the police and the two
appellants were arrested and charged with the offences of which they were convicted.<o:p></o:p><o:p>&nbsp;</o:p>