REPUBLIC v. BOSSMAN AND OTHERS

This case arises from the Ollennu Commission’s inquiry into import licence irregularities. Joseph Emmanuel Bossman, Andrew Stokes, and Emil Binder faced charges under the Criminal Code, 1960 (Act 29), and proceedings were pursued via the Corrupt Practices (Prevention) Act, 1963 (Act 230), after adverse findings. The Commission found that Stokes demanded ten per cent commission, Salmon paid him, and Bossman arranged the licence, concluding that Bossman and Kwesi Mould induced corruption. Justice Amissah critically examined the record, noting internal inconsistencies about Mould’s role and highlighting comparable instances where influence led to mere irregularities, not corruption. He found material discrepancies in Salmon’s evidence—including the mismatch between the alleged percentage and the licence amount and conflicting payment locations. Applying the rule that co-conspirator statements require prior proof of conspiracy and that a lone accused cannot be convicted of conspiracy when co-accused are acquitted absent proof of other conspirators, the court held it unsafe to convict. For Binder, the court emphasized Act 230’s requirement of an explicit adverse finding and the need to call material witnesses, such as Mould. All accused were acquitted and discharged on all counts.