FRANCIS ARTHUR v. REPUBLIC
2019
COURT OF APPEAL
GHANA
CORAM
- F. KUSI-APPIAH, JA (PRESIDING)
- B. ACKAH-YENSU (MS.), JA
- M. M. AGYEMANG (MRS.), JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Banking and Finance Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision concerns an Ecobank Ghana Limited employee, Emmanuel Appiah, then Customer Service Manager at the Takoradi Main Harbour branch, who admitted to dishonestly appropriating bank funds after being confronted by a headquarters investigative team. Appiah detailed withdrawals and assets purchased with bank money, later providing two cautioned statements admitting stealing GHC 1,342,000 and then GHC 1,701,217.45, and assisting in recovery of vehicles, computers, property, and cheques to offset his self-described “indebtedness.” The High Court convicted him of stealing and forgery and imposed concurrent sentences. On appeal, the Court of Appeal held the cautioned statements were voluntary confessions under the Evidence Act and sufficiently corroborated by teller and contractor testimony and asset recovery. It affirmed the stealing conviction and ten-year sentence, finding the absence of bank statements non-fatal. However, it set aside the forgery conviction because the prosecution failed to prove making or alteration of documents as required by Act 29. The appeal thus succeeded in part.
J U D G M E N T
AGYEMANG (MRS.), JA:
On 17th November 2017, the appellant herein, arraigned before the High Court, Accra, was convicted of the crimes of Stealing and Forgery of Document. He was sentenced to ten (10) years imprisonment with hard labour on the count of Stealing, contrary to S. 124(1) of the Criminal Offences Act. 1960, Act 29; and two (2) years imprisonment with hard labour on the count of Forgery of Document, contrary to S. 159 of the same Act (the court amended the statement offence which had charged the appellant under S. 158 of the Act). The sentences were made to run concurrently. The appellant, dissatisfied with the judgment of the court below, has appealed against his conviction on both counts, and also against the concurrent sentence of ten years imprisonment with hard labour. In this appeal, the appellant seeks a setting aside of same and in their place, an acquittal from the crimes charged.
In summary, the facts of this case upon which the appellant was charged and arraigned before the court below are the following:
The appellant, was at the time of arraignment, a thirty-four year old man, the holder of a Bachelor’s Degree in Mathematics as well as a Masters Degree in Business Administration (MBA) (KNUST), and an employee of Ecobank Ghana Limited (referred to hereafter alternately as Ecobank, or the Bank). At the time of his arrest, he held the post of Customer Service Manager at the Takoradi Main Harbour branch of the Bank.
On 4th June 2013, an investigative team based at the Bank’s headquarters in Accra, arrived at the said branch: Takoradi Main Harbour, to conduct routine training. Two things happened that transformed an ordinary day for the, appellant, into a day of accountability: One member of the said team, noticing a Porsche Cayenne vehicle parked at the branch, made inquiries as to the ownership of a car he suspected was very expensive. He was informed that it belonged to the appellant. As the team mulled over how an official of his rank and station could afford such luxury, their attention was drawn to an ‘irregular’ transaction on the branch’s computer by the Manager of the branch, a new entrant. The Manager (who at the trial gave evidence as PW2) informed the team that he had noticed a transaction he was uncomfortable with, and invited them to have a look at it.
According to PW1, the head of Security and Investigation Department of the Bank who was one of the team), they immediately recognised the irregularity of