MENSAH AND OTHERS v. THE REPUBLIC

Taylor J., sitting on appeal from the Accra Circuit Court, addressed a complex prosecution involving compensation funds issued by the Volta River Authority (VRA) for displaced farmers at Glovi Kaira. The second appellant, Dotse Mensah, misrepresented himself as the group’s leader, presented Form F documentation and falsified claimant photographs to solicitor Dr. Asamoah, resulting in VRA paying ¢9,298.56 to the solicitor and ¢8,275.56 being handed to Mensah for distribution. Mensah shared ¢4,137.50 with first appellant Mensah Odikro, and third appellant Wisdom Kwame Agbetor and fourth appellant Godwin Kwasi Dzamasi received ¢1,000 and ¢600 respectively. Emphasizing Ghana’s codified criminal law and the Full Bench reasoning in Republic v. Halm, Taylor J. held that obtaining consent by false pretences occurred when VRA issued the cheque, and stealing occurred upon Mensah’s appropriation of funds intended for named farmers. He upheld conspiracy convictions, substituted dishonestly receiving for first appellant, affirmed receiving convictions of the third and fourth appellants, and dismissed the appeals.