REPUBLIC v. BOSSMAN AND OTHERS

JUDGMENT OF AMISSAH J.A.

The first and second accused, Joseph Emmanuel Bossman and Andrew Stokes, are charged in three counts with conspiracy to extort, contrary to sections 23 (1) and 239 (1) of the Criminal Code, 1960 (Act 29). The particulars of those offences are as follows:

COUNT ONE

In or about 1966, at Accra in the Eastern Region [they] did agree with one Kwesi Armah then Minister of Trade, a public officer, that the said Kwesi Armah should demand under colour of his office as such public officer from one Maurice Pierce Salmon an amount representing ten per cent of the value of import licence to be issued to the said Maurice Pierce Salmon for the year 1966, which said amount the said Kwesi Armah knew he was not lawfully authorised to demand.

COUNT TWO

In or about 5 February 1966, at Accra in the Eastern Region [they] agreed with one Kwesi Armah then Minister of Trade, a public officer that the said Kwesi Armah should under colour of his office as such public officer obtain from one Maurice Pierce Salmon an amount of £G1,500 (N¢3,000) which said amount the said Kwesi Armah knew he was not lawfully authorised to obtain.

COUNT THREE

In or about 19 February 1966 at Accra in the Eastern Region [they] agreed with one Kwesi Armah, then Minister of Trade, a public officer, that the said Kwesi Armah should under colour of his office as such public officer obtain from one Maurice Pierce Salmon an amount of £G2,400 (N¢4,800) which said amount the said Kwesi Armah knew he was not lawfully authorised to obtain."

[p.598]

The first and the third accused, Emil Binder, are charged with conspiracy to commit wilful oppression contrary to sections 23 (1) and 239 (1) of the Criminal Code, 1960 (Act 29), in that:

"In or about January or February 1966 at Accra in the Eastern Region [they] agreed with one Kwesi Mould and one Kwesi Armah then Minister of Trade, a public officer, to commit crime, namely, that the said Kwesi Armah should wilfully commit an abuse of his authority in the grant of import licence of £G50,000 (N¢100,000) to Emil Binder in respect of Pioneer Engineering Company in excess of what the said company applied for the injury of the public [sic.]"

Considering first the charges of conspiracy to extort against the first and second accused, they were based on the following finding of the commission of inquiry into irregularities and malpractice in the grant of import licences (popularly known as the Ollennu Commission) at paragraph 848: