JOHN COBBINA v. THE REPUBLIC

JUDGMENT

DORDZIE (MRS.) JSC:-

FACTS: The appellant in this court, John Cobbina, was the 1st accused at the trial court. Until his arrest and subsequent trial, he was employed by J Adom Ltd. as an accounts officer and was responsible for most of the company’s daily accounting transactions including payment of staff, most of whom were wage earners at the company’s construction sites and quarry at Nsenmere. At a point in time, the management of J Adom Ltd. noticed huge loses in the company’s accounts it therefore engaged an audit firm E. Osei & Associates to audit the company’s accounts. The findings made by the auditors led to a complaint to the police and the arrest of the appellant and other employees of J Adom Ltd. After investigations the appellant and one Eugene Amoako-Mensah of Zenith bank, Sunyani branch, who acted as the relationship officer for the company in the said bank, were charged with various offences. The details of the charges as disclosed in the charge sheet are stated below:

Count One

Statement of Offence

Conspiracy to commit crime; namely; stealing: contrary to 23(1) and s. 124(1) of the Criminal offences Act, 1960 (Act 29/60)

Particulars of Offence

1. John Cobbina and 2. Eugene Amoako-Mensah: During the years, 2011 and 2012 at Sunyani in the Brong Ahafo Region did act together with a common purpose to commit crime, namely stealing.

Count Two

Statement of Offence

Conspiracy to commit crime; namely; money laundering: Contrary to 23(1) and S 3 of the Anti-Money Laundering Act, 2008 (Act 749)

Particulars of Offence

1. John Cobbina and 2. Eugene Amoako-Mensah: During the years 2011 and 2012, at Sunyani in the Brong Ahafo Region did act together with a common purpose to commit crime, namely money laundering

Count Three

Statement of Offence

Abetment of crime, namely; stealing: Contrary to s. 20(1) and s.124 (1) of the Criminal Offences Act, 1960 (Act 29/60)

Particulars of Offence

Eugene Amoako-Mensah: During the years, 2011 and 2012 at Sunyani in the Brong Ahafo Region did aid and abet the commission of a crime, namely stealing.

Count Four

Statement of Offence

Aiding and abetting money laundering activities: contrary to s.2 of the Anti-Money Laundering ACT, 2008 (Act 748)

Particulars of Offence

Eugene Amoako-Mensah: During the years, 2011 and 2012 at Sunyani in the Brong Ahafo Region did engage in transactions on behalf of John Cobbina when you knew or ought to have known that they were proceeds from unlawful activity.