FRANCIS AFEDO, ZAKARIA MUSAH AND IKENNA OJINNAK v. REPUBLIC
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DOREEN G. BOAKYE-AGYEI (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per Her Ladyship Justice Doreen G. Boakye‑Agyei, considered an appeal by Ikenna Ojinnak, a Mepe‑based mobile phone repairer, convicted by the Sogakope Circuit Court of dishonestly receiving after he pleaded “guilty with explanation.” The complainant, teacher Charles Dorbordoe, left a Tecno Spark 7 phone charging; witnesses implicated Francis Afedo (A1), and police recovered the phone from Zakaria Musah (A2). A2 stated that Ojinnak (A3) had unlocked the phone’s password. On appeal, counsel argued the explanation negated guilt and that the sentence was harsh. The High Court reaffirmed the practice on guilty‑with‑explanation, found the recorded explanation and surrounding circumstances consistent with guilty knowledge or at least suspicion warranting inquiry, and refused to alter the record per alleged typos. Upholding the conviction, the court nevertheless held the 24‑month term harsh given first‑offender status and recovery of the phone, substituting a three‑month sentence.
JUDGMENT
INTRODUCTION
The Convict/Appellant (hereinafter referred to as "Appellant') was arrested and charged with
the offence of Dishonestly Receiving a Tecno mobile phone contrary to section 147(1) of The
Criminal and Other Offences Act, 1960 (Act 29). He pleaded Guilty with explanation and the
Court after examining his explanation found him guilty of the offence, convicted and
sentenced him to prison for 24 months.
BRIEF FACTS
According to the facts presented by Prosecution, Complainant, Charles Dorbordoe is a
teacher. Al, Francis Afedo @Capo is a farmer, A2, Zakaria Musah is a scrap dealer and A3,
Ikenna Ojinnak is a phone repairer. The complainant is a resident of Tsito near Ho and a
native of Battor. Al, A2 and A3 reside in Battor and Mepe respectively. On 23/09/2022, the
complainant had arrived at his hometown Battor to attend a meeting over his deceased
father. That on 27/09/2022 about 17.50 hours, the complainant left his Tecno Spark 7 mobile
phone valued GH¢1,000.00 on charge in his verandah on a table and left for his father's house
to attend the funeral meeting. The complainant returned around 1840 hours but his said
mobile phone was nowhere to be found. That during that period, witnesses in the case who
spotted Al unplugging the said mobile phone described him and his residence to the
complainant. On 28/09/2022, the complainant with the assistance of other witnesses handed
him over to the Aveyime police and made a formal report. In the course of investigations,
the Police rearrested Al who was cautioned. Al in his cautioned statement mentioned A2 as
his accomplice. That crime scene was visited together with Al and the complainant. A1,
further led police to the residence of A2. In the house, A1, who intended to escape from
lawful custody took to his heels into a nearby bush in the pair of hand cuffs. With the
assistance of Constable Jonas Bacha Bunboani the accused was rearrested. In the course of
further investigations, the exhibit mobile phone was retrieved from A2 and same retained
for evidential purposes. A2, in his cautioned statement mentioned A3 as the one who flashed
out the phone locks and the password of the phone. A3 was also arrested and cautioned.
After careful investigations A1, A2 and A3 were charged with the offences as stated on the
charge sheet and arraigned before this Honourable Court.
Thus the Appellant, a mobile phone repairer residing in Mepe was arrested together with
two (2) others and cha