THE REPUBLIC vs. ABDALLA MOHAMMED [2018]DLHC8242

Date	2018-07-05
Suit No.	CASE NO. D7/02/2018
Citation No.	[2018]DLHC8242

HIS LORDSHIP JUSTICE JACOB B. BOON

EMMANUEL OTOO BOISON FOR THE REPUBLIC

LAWAL TAHIDU FOR THE ACCUSED

[2018]DLHC8242
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>ABDALLA
MOHAMMED<o:p></o:p>[HIGH COURT,
BOLGATANGA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CASE
NO. D7/02/2018&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
5TH JULY, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>EMMANUEL
OTOO BOISON FOR THE REPUBLIC<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

LAWAL
TAHIDU FOR THE ACCUSED<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>The accused,
Abdalla Mohammed, who described himself as a businessman, is charged with one
count of defrauding by false pretence contrary to section 131 of the Criminal
Offences Act of Ghana, 1960 (Act 29). He is alleged to have falsely represented
to the complainant, Freeman Abrahamani, the Managing Director of Upper Quarry
Ltd in Bolgatanga, the first prosecution witness, PW1, at the trial, that he would
transfer ownership of a Toyota Coaster Bus and a crane to him if he parted with
an amount of fifty-three thousand Ghana Cedis. Based on the representation, the
complainant parted with the amount involved to the accused who failed to keep
to the part of his bargain because his representation to the complainant that
he owned the items which were put up for sale was false.<o:p></o:p>The other
facts presented by the prosecution and gleaned from the evidence are that the accused
claimed to be based at Abossey Okai in Accra and alleged he works with an
auction company which is about to auction the Toyota Coaster bus, No. GV 587,
and the crane.&nbsp; Complainant said he got
in contact with the accused through a lady friend based in Tamale who informed
him about the existence of the bus and he expressed interest in buying it.
According to him, his friend might have given his telephone number to the
accused who called him and confirmed the bus was up for sale at GH¢18000.00.
He said he informed the accused he was interested in acquiring it,
consequently, on 7th June, 2017, he paid the GH¢18,000.00
through the Bolgatanga branch into the account of accused, number 02001106757,
with Bank of Africa, Accra. At the trial, the pay slip in respect of the
payment was tendered as exhibit ‘A’. Barely a week after transferring the money
to the accused, complainant said accused again called him and alleged he had a
crane which was also up for grabs. According to the evidence of the complainant,
the accused placed a photograph of the crane on WhatsApp which he downloaded and
tendered as exhibit ‘B’. He said the accused created the impression the crane
was a hot cake and an Alhaji in Tamale was preparing to fly to Accra purposely
to pay for it, and pressed on the complainant to hasten the process of
acquisition in order not to miss out on it. Being convinced of the genuineness
of the presentation, complainant again transferred an amount of GH¢35,000.00,
which included GH¢5000.00 as expenses, into the same account of
the accused with Bank of Africa. The pay slip was also tendered as exhibit ‘C’.
Upon lodging the monies into the account of the accused, complainant said
accused requested him to send a low loader to Accra to pick the crane. His
further evidence is hereunder reproduced for its full force and effect: <o:p></o:p>“Accused called again to
acknowledge receipt and that I should organise a low loader to come to Accra to
pick the crane. I hired the low loader from Tamale at GH¢2500.00. It left Tamale on the 17/06/17. The following
day accused said he had seen the low bed and that he was organising to
transport the machine to Tamale. From that day he started avoiding some of my
calls; the few he took, he gave various excuses why he was not able to pick the
earlier calls. Eventually, he switched off completely from any communication.
The low bed was in Accra from 17/06/17 to 27/06/17 and for each day I had to
pay GH¢200.00. <o:p></o:p>Q. So eventually did the loader
come with the crane? <o:p></o:p>A. No. I did not see the
crane nor the bus. When he was no longer answering my calls, it dawned on me he
had defrauded me. I reported the matter to the Bolgatanga Police.”<o:p></o:p>&nbsp;Accused
was subsequently arrested on 17th October 2017, a
little over four months after complainant paid the monies into his account. He
was alleged to have been found by the police, based on a tip-off, hiding under
his bed in his house in Accra Upon his arrest</main>