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April 10, 2025
HIGH COURT
GHANA
CORAM
The appellants A1 and A2 herein and one Adam Ziblim Baba (A3) were arraigned before the Accra Circuit Court on the 18th of May 2017 on the following offences:
Count one: conspiracy to commit crime to wit stealing contrary to Sections 23(1) and 124(1) of the Criminal Offences Act 1960, Act 29. It was 1st and 2nd Appellant and the A3 who were charged under this count.
Count Two: The appellants and the A3 were charged with Stealing contrary to Section 124(1) of Act 29/60. The 1st Appellant was the one charged under this count.
Count Three: The appellants and the A3 were charged with Stealing contrary to Section 124(1) of Act 29/60.
Count Four: The appellants were charged with Stealing contrary to Section 124(1) of Act 29/60.
Count five: The 1st appellant was charged with Stealing contrary to Section 124(1) of Act 29/60.
Count Six: The 2nd appellant was charged with Stealing contrary to Section 124(1) of Act 29/60.
Count seven: The 1st appellant was charged with forgery of official document contrary to Section 158 of Act 29/60.
Count eight: The 1st appellant was charged with forgery of official document contrary to Section 158 of Act 29/60.
Count nine: The 1st and 2nd appellant were charged with forgery of official document contrary to Section 158 of Act 29/60.
Count Ten: The 2nd appellant was charged with forgery of official document contrary to Section 158 of Act 29/60.
Count Eleven: The 2nd appellant was charged with forgery of official document contrary to Section 158 of Act 29/60.
Count Twelve: The 1st appellant was charged with forgery of official document contrary to Section 158 of Act 29/60.
Count Thirteen: The 1st and 2nd appellant were charged with forgery of official document contrary to Section 158 of Act 29/60.
The 3 accused persons all pleaded not guilty after the charges were read and explained to them in the English Language. On the next adjourned date, the A3 changed his plea to that of guilty wherein he was convicted and sentenced. The trial therefore continued for the appellants herein. On the 15th of March 2024, the court found them guilty on all the counts and convicted them accordingly and sentenced them as follows:
Count 1: A1 and A2 are hereby sentenced to 6 months IHL
Count 2: Stealing A1 and A2 -2 years IHL
COUNT 3: A1 and A2 2 years IHL
COUNT 4: A1 and A2 - 2 years IHL
COUNT 5: A1- 2 years IHL
COUNT 6: A2 -2 years IHL
COUNT 7: - A1-
AI Generated Summary
This criminal appeal from the Accra Circuit Court concerns NAFTIs former staff A1 and A2, and Treasury Officer Adam Ziblim Baba (A3). NAFTI procured GOIL fuel coupons that its Director of Finance ordered returned, as NAFTI used GOIL Advantage Cards. A3 handed the coupons to A1 and A2, who, acting together with A3, shared them and used NAFTIs first-quarter subvention to pay for the coupons. A NAFTI investigation and the appellants caution statements corroborated these facts. Separately, A1 created three sole-proprietor businesses, registered them on GIFMIS, forged institutional signatures, and diverted GH48,982.99 into these accounts; he admitted initiating these transactions and using the money, including for his tuition. On appeal, Justice Mary M.E. Yanzuh dismissed grounds challenging admissibility, weight of evidence, and adequacy of the trial courts consideration of the defence, but varied sentences, affirming six months on count 1 and substituting one year three months on counts 213, concurrent.