OSEI AND ANOTHER v. THE REPUBLIC
July 29, 1968
COURT OF APPEAL
CORAM
- AKUFO-ADDO C.J.
- APALOO J.A.
- SOWAH J
Areas of Law
- Criminal Law and Procedure
- Administrative Law
AI Generated Summary
This appeal in Ghana’s Court of Appeal arises from convictions of two partners in the African and Lebanese Engineering Co.—the first appellant, a legal practitioner identified as Mr. Osei, and the second appellant, Mrs. Inkumsah—after a commission under Act 230 found irregularities in how a capital goods import licence was obtained. During a period of strict import controls, a Ministry of Industries letter required industrial import licence applications to be routed to it first. The firm bypassed this requirement, and through the second appellant’s personal contact with Minister of Trade Kwesi Armah, a £G80,000 licence was issued based on an application sent directly to the Ministry of Trade. The court found improper motive and abuse of authority in departing from licensing principles, with injury to the public through disadvantage to other importers and prejudice to the Republic’s financial interests. The court rejected jurisdictional challenges and affirmed that conspiracy and the second appellant’s mens rea could be inferred from conduct and similar irregular licences for Florie Models, Mrouweh, and Monaco Ltd. Both appeals were dismissed.