KOFI OPPONG v. THE REPUBLIC
1999
SUPREME COURT
GHANA
CORAM
- Mrs. Bamford-Addo, J.S.C. (Presiding)
- Ampiah, J.S.C.
- Kpegah, J.S.C.
- Atuguba, J.S.C.
- Sarpong, J.S.C
Areas of Law
- Criminal Law and Procedure
- Evidence Law
1999
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Mrs. J. Bamford-Addo, J.S.C., dismissed the further appeal of Kofi Oppong, also known as Kofi Nkrumah/Kofi Apau, former Procurement Manager of the Cocoa Marketing Board (COCOBOD). Oppong had been charged before the National Public Tribunal with seven counts under the Public Tribunals Law (PNDCL 78); the Court of Appeal quashed six but affirmed count 2 for dishonest acquisition of property arising from a US$10,000 payment allegedly solicited from COCOBOD’s agent, George Pappoe. On second appeal, the Court held that, though the case turned on conflicting oaths, circumstantial and direct evidence—such as Oppong’s travel with Pappoe via Amsterdam to London, his use of an alternate passport, and acceptance of tickets from Pappoe’s principals—logically supported the inference that he received the US$10,000. The Court rejected arguments about a missing witness, PW1’s credibility, burden of proof, and reliance on circumstantial evidence, and affirmed restitution of US$10,000.
MRS. J. BAMFORD-ADDO, J.S.C.:
The Appellant was charged on a seven count charge contrary to Sections 9(1) K 16 and 9(2)(a) of the Public Tribunals Law 1984 (PNDCL 78) and tried at the National Public Tribunal. He was convicted and on Appeal to the Court of Appeal the convictions on six of the counts were quashed but that on count 2 was affirmed.
The charge in count 2 reads as follows:
"Statement of Offence
Dishonest Acquisition of Property contrary to Sections 9(1)K and 16 of the Public Tribunals Law 1984 (PNDCL 78).
Particulars of Offence
Kofi Oppong @ Kofi Nkrumah @ Kofi Apau former procurement Manager of the Cocoa Marketing Board (COCOBOD), Head Office on or about the 30th March 1985 at Cumberland Hotel, Marble, Arch, London in the United Kingdom while holding a public office as Procurement Manager of the Cocoa Marketing Board under the colour of the said office obtained an amount of $10,000 (Ten Thousand US Dollars) from George Pappoe a Local Representative of some foreign companies prospecting for Procurement Contracts from the COCOBOD, which amount you obtained as your commission on the contracts which COCOBOD would award to the said George Pappoe's principals; which amount you thereby dishonestly acquired."
The brief facts of the case are that the Appellant was at the relevant time the Procurement Manager of the Cocobod. He was said to have demanded certain sums of money form George Pappoe an agent of a certain foreign based company with which the Cocobod has a business relationship, in order to secure contracts for the said George Pappoe's overseas principals. He was convicted at the trial court of all the 7 counts on which he was tried by a Judgment of the National Public Tribunal Accra dated 16th December 1992. He was sentenced to 15 months I.H.L. on each count to run concurrent and ordered to refund to the State the amount involved in foreign currency or cedis at the prevailing official exchange rate. The foreign Exchange involved was to be refunded to the state was $10,000 and £27, 124.53 or in default 10 years I.H.L.
The Appellant appealed to the Court of Appeal. That court heard the case and on the 19th February 1998 allowed the appeal against convictions on counts 1, 3, 4, 5, 6, 7 while the appeal against count 2 was dismissed and the Court of Appeal also affirmed the trial tribunals order that Appellant should refund $10,000 to the State. The Appellant again appealed this conviction on count 2 to this Court on a seven point grounds