ISHMAEL ADJEI AKA AKWASI YAAFO v. THE REPUBLIC
December 12, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MALIKE AWO WOANYAH DEY (HIGH COURT JUDGE
Areas of Law
- Criminal Law and Procedure
December 12, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This appeal arises from a mobile money fraud prosecuted in the District Court at Nyankomasi Ahenkro. Mercy Akyea–Adjei (Akua), a 32‑year‑old farmer, and Emmanuel Appiah, a 23‑year‑old businessman from Assin Dawomako, reported that a Vodafone caller posing as an MTN official orchestrated steps that led to GHC 3,080 being withdrawn at Appiah’s merchant shop. Police, with court orders to MTN and Vodafone, traced the Vodafone number to the appellant and an MTN number to accomplice Mary Entsie. The appellant, a 28‑year‑old businessman and carpenter from Assin Foso Pumpside, pled guilty to conspiracy and defrauding by false pretences and was convicted and sentenced to concurrent imprisonment in hard labour. On appeal to the High Court, Cape Coast, Her Ladyship Malike Awo Woanyah Dey accepted deterrence due to the prevalence of mobile money fraud but balanced it against mitigation (first‑offender status, early plea, remorse, restitution), ultimately reducing the sentence from 18 months to 12 months IHL on each count, running concurrently.
The appellant was arraigned before the District Court Nyankomasi Ahenkro on the
charges of Conspiracy to commit crime namely Defrauding by False Pretences
contrary to section 23(1) and 131 of the Criminal Offences Act, 1960 (Act 29) and the
substantive offence of Defrauding by False Pretences contrary to section 131 of the
same Act.
The facts of the case as presented by the prosecution are the complainants Mercy
Akyea –Adjei aka Akua is a farmer aged 32 years and Emmanuel Appiah a
businessman aged 23 years. They both reside at Assin Dawomako. The appellant aged
28 years is also a businessman and a carpenter deals in second hand clothes. He resides
at Assin Foso Pumpside.
On 29th December 2021 one of the complainants Mercy Akyea Adjei received a phone
call on her MTN No 0599585079 from a user of Vodafone NO. 0204935273 indicating
that the user was an official of MTN Network working at their Head Office in Accra.
The caller told her that a customer had made a wrongfully transferred some money to
her mobile money account and due to that her SIM card had been blocked. The caller
asked her to go to a nearby merchant shop for guideline and reactivation of the SIM
card. Thereafter she went to Emmanuel Appiah’s merchant shop where the numbers
for the reactivation of her SIM card were given. Another MTN number 055220565
bearing the name Mary Enstie was given to the merchant to dial together with some
code numbers. After several conversations a sum of GHC3.080.00 was withdrawn
from the Merchant. A report was made to the police at Assin Anyinabrim where the
court placed an order on the said Vodafone number and MTN Network Services for
the full details of the users of the said numbers. The appellant’s name came up as the
one using the Vodafone number and his accomplice Mary Entsie too was given as the
user of the MTN number 0552205651. The police traced the appellant and arrested
him. After investigations, the police charged him with the offences above.
At the trial, the appellant pleaded guilty with explanation to the 1st count and on the
nd count he pleaded guilty simpliciter. The Judge recorded the explanation but ruled
that the explanation given by the appellant confirmed his guilt. The court therefore
convicted him on his own plea of guilty and sentenced him to 18 years IHL on each
count to run concurrently. It ought to be noted that the judge imposed the sentence
after he gave the appellant the opportunity to put in a plea in mitig