ATIEMO v. COMMISSIONER OF POLICE

JUDGEMENT OF ADUMUA-BOSSMAN J.S.C

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