EMMANUEL AYIKU v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- KANYOKE J.A (PRESIDING)
- OFOE J.A
- WELBOURNE J.A
Areas of Law
- Criminal Law and Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, Mr. Emmanuel Ayiku, was convicted and sentenced to 11 years imprisonment for stealing and defrauding by false pretences. He received GH¢30,000 and petroleum products worth GH¢250,000 from Fraga Oil Ghana Ltd to complete and hand over a filling station. He also was accused of misappropriating two Wayne dispensing pumps. Upon appeal, the court found the convictions unsustainable due to the lack of evidence proving dishonest intentions or false representations. The trial judge failed to properly apply the facts to the legal definitions of stealing and defrauding by false pretences. The appeal court set aside the convictions and recommended compensation for wrongful incarceration to the Supreme Court under Article 14(7) of the 1992 Constitution.
OFOE J.A:-
I want to preface this judgment with a quote from the submission of the prosecutor from the Attorney General’s office.
“Respectfully, your Lordships, I must submit that this was a case strenuously prosecuted by the Attorney General for which a judgment was given in our favour. As an attorney from the same chambers, my place would be to defend the hard won judgment. However my Lords, that is where my difficulty arises as I have gone over the records and judgment several times and find no basis for both the prosecution of the case as well as the judgment given by His Lordship Quist in the case. I am guided by the ethics of our profession as well as the prosecutors code to argue this appeal and ask that your Lordship allow the appeal on the same grounds as set out by the appellant”.
Exceedingly gratifying and honourable decision to make. We would have been surprised if the state had attempted to defend this judgment. It’s unfortunate and we pray that extra vigilance is mounted by the Attorney General’s office so as to avoid such slips that necessarily result in the denial of the freedom of the individual for no just cause. From the erudite and incisive submission from the state prosecutor, Mrs. Yvonne Atakora Obuobisa, in defence of the appellant we think much ink need not be spilt in coming to a decision setting aside the conviction and sentence of the appellant
The appellant, Mr. Emmanuel Ayiku, was on the 26th February 2014 sentenced to a prison term of 11 years by the trial High Court for the offences of stealing and two counts of defrauding by false pretences.
The facts of the case are that the accused applied to the Fraga Oil Ghana Ltd(hereinafter referred to as the company) for financial assistance to complete his filling station in a suburb of Ashiaman. With the understanding that he will turn over the filling station to the company to run, he was granted GH¢30,000 and provided with the necessary equipment needed to run the station. After completion of the station he refused to hand over the station as agreed. Meanwhile the company had also supplied him petroleum products worth GH¢250,000. The petroleum products supplied were on cash and cash basis with payment to be made within 7 days. By refusing to hand over the filling station to the company the accused had defrauded the company to the tune of GH¢30,000. The accused person also dishonestly appropriated two Wayne dispensing pumps belonging to the company. All efforts to retrieve the