REPUBLIC v. ASAFU-ADJAYE (NO. 2)

JUDGMENT OF AKUFFO-ADDO C.J.

Akufo-Addo C.J. delivered the judgment of the court. The respondent, Albert Asafu-Adjaye, was brought before the High Court, Accra, presided over by Edusei J. under the provisions of the Corrupt Practices (Prevention) Act, 1964 (Act 230), on the following charges:

"First Count

STATEMENT OF OFFENCE

Conspiracy to commit extortion, contrary to sections 23 (1) and 239 (1) of the Criminal Code, 1960 (Act 29).

PARTICULARS OF OFFENCE

Albert Asafu-Adjaye on or about 19 February 1966 at Accra in the Eastern Region agreed with one Kwesi Armah then Minister of Trade, a public officer, to commit a crime, namely, that the said Kwesi Armah should under colour of his office obtain from one Azmi Sbaiti valuable consideration to wit an amount representing five per cent of the value of the import licence to be issued to Messrs. City Auto Parts, which said amount the said Kwesi Armah knew that he was not lawfully authorised to obtain.

Second Count

STATEMENT OF OFFENCE

Conspiracy to commit extortion, contrary to sections 23 (1) and 239 (1) of the Criminal Code, 1960 (Act 29).

'PARTICULARS OF OFFENCE

Albert Asafu-Adjaye, on or about 21 February 1966 at Accra in the Eastern Region agreed with one, Kwesi Armah then Minister of Trade, a public officer, to commit a crime, namely, that the said Kwesi Armah should under colour of his office obtain from one Azmi Sbaiti valuable consideration to wit cash an amount of £G4,400 (N¢8,800.00) being part of a commission on £G100,000 worth of import licence issued to Messrs. City Auto Parts, which amount of money the said Kwesi Armah knew that he was not lawfully authorised to obtain.

[p.572]

Third Count

STATEMENT OF OFFENCE

Conspiracy to commit extortion, contrary to sections 23 (1) and 239 (1) of the Criminal Code, 1960 (Act 29).

PARTICULARS OF OFFENCE

Albert Asafu-Adjaye, on or about 21 February 1966 at Accra in the Eastern Region agreed with one Kwesi Armah then Minister of Trade, a public officer, to commit a crime, namely, that the said Kwesi Armah should under colour of his office obtain from one Azmi Sbaiti valuable consideration to wit cheque No. BG/2095649 for ¢1,200.00 (N¢1,000.00) being part of a commission on [p.572] £G100,000 worth of import licence issued to Messrs. City Auto Parts, which amount of money the said Kwasi Armah knew that he was not lawfully authorised to obtain.

Fourth Count

STATEMENT OF OFFENCE

Conspiracy to commit corruption, contrary to sections 23 (1) and 2