EUGENE ASIAMAH BOADI v. THE REPUBLIC

JUDGMENT

DZAMEFE, JA

The accused/appellant was charged with the following;-

COUNT ONE

STATEMENT OF OFFENCE

FRAUDULENT BREACH OF TRUST CONTRARY TO SECTION 128 OF THE

CRIMINAL OFFENCES ACT 1960 (ACT 29)

PARTICULARS OF OFFENCE

Eugene Asiamah Boadi; Chartered Accountant: Between September and December

2015, in Accra, in the Greater Accra Region, did dishonestly appropriate an amount of

One Million, Five Hundred Thousand United State Dollars ($1,500.00.00), which was

vested in you as a Trustee on behalf of Abena Nyantakyi.

COUNT TWO

STATEMENT OF OFFENCE

MONEY LAUNDERING CONTRARY TO SECTION 1(1) (C) OF THE ANTI MONEY

LAUNDERING ACT 2008 (ACT 749)

PARTICULARS OF OFFENCE

Eugene Asiamah Boadi; Chartered Accountant: Between September and December

2015, in Accra, in the Greater Accra Region, used the sum of One Million, Five Hundred

Thousand United State Dollars ($1,500.00.00), knowing it to be proceeds of crime.

BRIEF FACTS AS GIVEN BY THE PROSECUTION

The complainant in this case is the General Manager of Airport West Hotel (AWF)

whilst the accused person is the Chief Executive Officer of Met Capital Finance Ltd.

(MCF).

In September 2015, the complainant engaged the services of the Director of Allegiance

Capital Ltd, Nicolas Mbroh, to source funds for her to expand her business. Nicholas

Mbroh introduced some investors but none of them could reach an agreement with the

complainant. He then introduced the accused person, Eugene Asiama Boadi to help

secure the funds for the complainant. The accused person informed the complainant

that he had identified a company that could provide the funds but only on condition

that a bank guarantee was issued in his name. The Royal Bank provided the required

bank guarantee in the name of the accused upon the instructions of the complainant.

An amount of Two Million US Dollars ($2,000,000.00) was then transferred into the

company account of the accused person. The accused transferred an amount of Five

Hundred United States Dollars ($500,00.00) into the account of the Complainant and

promised to pay the remaining One Million, Five Hundred United States Dollars

($1,500,000.00) in three (3) months. The accused person failed to transfer the remainder

of the money on the due date and all efforts by the complainant to get him to bring the

money proved futile.

On the 23rd January, 2017, the accused was arrested and he stated that he formed a

consortium with Nicolas Mbroh and Charles Owusu Boamah of th