Musa Awudu @ Mustapha v. The Republic
2013
COURT OF APPEAL
GHANA
CORAM
- AYEBI J.A. (PRESIDING)
- IRENE DANQUAH (MRS.) J.A.
- TANKO AMADU J.A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The 4th accused appealed against his conviction and sentence for Conspiracy to defraud by false pretenses and Defrauding by false pretenses. The trial High Court had found the accused guilty and sentenced him to 10 years I.H.L. The appeal contested the conviction on the grounds that the verdict was not supported by evidence, the prosecution failed to prove the elements of the offenses, and the sentence was excessive. The appeal was dismissed, and the sentence was upheld but adjusted to commence from the date of the judgment instead of the date of arrest. The judgment was concurred by Justices Irene Danquah and I. O. Tanko Amadu.
AYEBI J. A. This is an appeal against the judgment of the trial High Court delivered on 20th July 2009 in Case No. D1/73/08 titled The Republic Vrs 1. Carlos Coker @ Happy 2. Noel Moss Morton @ James Anderson 3. Tunde Alabi 4. Musa Awudu @ Mustapha The four accused were arraigned before the trial court on two counts namely: (i) Conspiracy to defraud by false pretences contrary to sections 23(1) and 131 of the Criminal Code, 1960 (Act 29) as amended by NRCD 398 and(ii) Defrauding by false pretences contrary to section 131 of the Criminal Code, 1960 (Act 29) as amended by NRCD 398. On their arraignment, all the accused pleaded not guilty to both counts.
But the trial court found them guilty and convicted them on both counts.
The first to the third accused were each sentenced to 15 years I. H. L. on each count while the 4th accused was sentenced to 10 years I. H. L. on each count.
In all cases, the sentences were to run concurrently from the day they were arrested and incarcerated.
The instant appeal was launched by the 4th accused and pursued by him separately, against both his conviction and sentence.
The grounds of appeal filed and argued are that: (i) the trial judge erred by convicting the appellant as the verdict cannot be supported having regard to the evidence on record, (ii) the trial judge erred by convicting the appellant as the prosecution failed to prove the ingredients of the offences, (iii) the sentence of 10 years I. H. L. imposed on the appellant is too harsh and excessive.
The events which led to the arrest and prosecution of all the accused persons started in September 2007. The complainant is a Kumasi resident Muslim Alhaji Daudu Abu.
In about September 2007, he received a call with a foreign number from an unknown person who introduced himself as Mustapha in London.
This Mustapha turned out to be the 4th accused, the appellant herein.
Mustapha introduced himself as an employee of the World Wide Organisation (WWO), an umbrella of the United Nations Organisations(UNO). It is not clear to me whether that was how exactly 4th accused/appellant introduced himself because I thought WWO should be a UNO agency and not an umbrella.
Be that as it may, Mustapha told the complainant that his organisation was desirous of establishing hospitals and schools for the community.
Mustapha continued that the complainant has been identified as an honest and pious man in the community.
His organisation will therefore like him to assist in carrying o