ISHMAEL ADJEI AKA AKWASI YAAFO v. THE REPUBLIC
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MALIKE AWO WOANYAH DEY (HIGH COURT JUDGE
Areas of Law
- Criminal Law and Procedure
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Dawomako, reported that a Vodafone caller posing as an MTN official orchestrated steps that led to GHC 3,080 being withdrawn at Appiah’s merchant shop.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.