GH - REPUBLIC v. INKUMSAH

JUDGMENT OF AZU CRABBE J.A.

The accused, who was the former Deputy Speaker of the dissolved National Assembly, is charged on three counts with conspiring with Kwasi Armah, then Minister of Trade, to commit the [p.387] offence of extortion contrary to sections 23 (1) and 239 (1) of the Criminal Code, 1960 (Act 29), and on one other count with conspiring with Kwesi Armah, then Minister of Trade, to commit the offence of corruption, contrary to sections 23 (1) and 239 (1) of Act 29. He is also charged on two other counts with committing the offence of offering to give a bribe to Kwesi Armah, a public officer, contrary to section 252 (2) of Act 29.

The various charges of conspiracy to commit extortion and the sole charge of conspiracy to commit corruption laid in counts (1), (2), (3) and (4) respectively are based upon the findings contained in paragraphs 666 and 671 of the Report of the Commission of Enquiry into Irregularities and Malpractices in the Grant of Import Licences (the Ollennu Commission) exhibit A. In paragraph 666 the learned commissioner states:

"I find that:

(i) Inkumsah demanded from Khubchandani 10 per cent commission and reported to him that he was acting on behalf of Kwesi Armah in so doing.

(ii) Khubchandani by his application Exhibit 40, dated February 9, 1966, applied for £100,000.

(iii) Glamour who were in Grade 'D' were notified by letter Exhibit '42' dated February 23, 1966 that they had been upgraded to 'B', but that in official records of the Ministry their grade remained unchanged, i.e. grade 'D'.

(iv) Instead of licence for £100,000 they applied for, Glamour were promised licence for £150,000 and was in fact granted £300,000.

(v) Inkumsah reported to Khubchandani that Kwesi Armah had reduced the 10 per cent commission and demanded ¢42,000 or £17,500 as commission for licence for £250,000.

(vi) Inkumsah received the said commission of £17,500 or ¢42,000 reporting that he did so on behalf of Kwesi Armah."

And in paragraph 672 he states:

"I therefore find that:

(i) Kwesi Armah in conspiracy with Inkumsah corruptly issued licence for £300,000 to Glamour;

(ii) Kwesi Armah in conspiracy with Inkumsah demanded 10 per cent commission;

(iii) Inkumsah and Kwesi Armah received ¢42,000 or £17,500 from Glamour as commission on £250,000 of licence; and

[p.388]

(iv) Kwesi Armah and Inkumsah demanded further bribe or commission on the additional £50,000 worth of licence."

In order to determine whether the learned commissione