AKOWUAH v. COMMISSIONER OF POLICE
November 6, 1963
HIGH COURT
GHANA
CORAM
- APALOO J
Areas of Law
- Criminal Law and Procedure
- Evidence Law
November 6, 1963
HIGH COURT
GHANA
CORAM
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JUDGMENT OF APALOO J.
This is an appeal from the judgment of the Circuit Court, Kumasi, which on the 22nd May, 1963, convicted the appellant of the offence of fraud by false pretences and imposed on him a sentence of two years imprisonment.
Until the date of his conviction, the appellant was the District Commissioner for Bekwai. Although there was no direct evidence as to what duties his office carried, the evidence shows that one of such duties was making reports on the security situation in his district and reporting on persons engaged in what was described as subversive activities. If this activity did not form part of the official duties of the appellant, then he took unto himself that job. On the 21st October, 1961, he wrote to the Regional Commissioner for Ashanti what was captioned "security measureAmansie District." In that report (exhibit Al) the appellant strongly recommended the arrest and detention of several persons whom he claimed were engaged in subversive activities. He supplied a copy of this list to the police and Mr. Nartey, the Chief Superintendent of Police, gave evidence that a good many of the persons on that list were in fact detained. It seems to me that this aspect of the appellant's duty must be borne in mind when the facts which were alleged and found proved against him fall to be considered.
The facts of this case were set out and examined in great detail by the circuit court. I think it is sufficient for me to state only the salient one. On an unnamed date in November 1961, the appellant sent for one Kwaku Fobi who was jointly charged with him and acquitted. Fobi understood that the appellant wished to see both himself and the complainant. This was on a Saturday. Both Fobi and the complainant proceeded to Bekwai and met the appellant in his bungalow. Fobi conferred with the appellant for some time and informed the complainant that the appellant had asked that the complainant should pay to him (appellant) £G200 or face arrest and detention the following Monday. The complainant had some misgiving about this matter especially as it came from an indirect source.
[p.394]
To clear his doubts, the complainant alone returned to the district commissioner early the next morning. The latter then confirmed what Fobi had told him. He led the complainant to understand that his name was on the list of persons due to be detained. The district commissioner said he himself submitted the complainant's name to the police, and unless he pa
AI Generated Summary
APALOO J, on appeal, affirmed the conviction of a Bekwai District Commissioner for fraud by false pretences arising from a scheme to extract £G200 from a local resident under threat of imminent detention. Evidence showed the appellant engaged in security reporting, sent a list to the Regional Commissioner recommending arrests, and many on the list were detained. In November 1961, via Kwaku Fobi and then directly, he told the complainant his name was on a detention list and demanded payment to prevent arrest. The trial judge found the representation false, that the appellant lacked present power to prevent arrest, and acted with intent to defraud. On appeal, Mr. Owusu advanced ten grounds, centring on the omission of "intent to defraud" in the particulars. Applying CPC 1960 section 112 and related authority, APALOO J. held the charge sufficient, treated Amuah as no longer good law, rejected arguments on future representations, evidentiary discrepancies, alibi vagueness, and variance, and dismissed the appeal, affirming the two-year sentence.