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April 3, 2023
DISTRICT COURT
GHANA
CORAM
JUDGMENT
INTRODUCTION
1. On 7th July, 2022 the accused was arraigned before this court for the below offence:
STATEMENT OF OFFENCE
Defrauding by false pretence: contrary to section 131 of the Criminal Offences Act,
1960 (Act 29).
PARTICULARS OF OFFENCE
Atuimah Valerius, Manager of Farmapp, Age 27yrs: For that you in the month of
October 2021 at Holy Cross Cathedral Church, Tamale in the Northern Region and
within the jurisdiction of this court, with intent to defraud did obtain the consent
of Wisdom Abi to part with cash the sum of GHS3,050.00 by means of certain false
pretence to wit falsely pretending that if the said money was given to you, you
could invest in your investment portfolio which could yield 30% interest in three
months and upon such false representation, you succeeded in obtaining the said
amount from the said Wisdom Abi which statement you well knew at the time of
making it to be false.
FACTS OF THE CASE
2. The facts of the case given by the prosecution are that in October 2021, accused
informed the complainant, Wisdom Abi, that his Farmapp investment portfolio yields
30% in three months. Based on this, complainant and accused met at Holy Cross
Cathedral Church, Tamale and accused received cash sum of GHS3,050.00 for the said
investment. Upon receiving the said money, accused reassured the complainant that
in three months his capital and interest will be ready for redemption. The investment
was for 1st October, 2021 and to mature on 31st December, 2021, which both agreed. At
the end of the date of investment, accused informed complainant that he had labour
challenges so he, therefore, pleaded for two months extension with 10% penalty which
was agreed by complainant. The two months extension elapsed but accused
continued to give excuses. A complaint was lodged and accused was arrested. After
investigations, accused was charged and arraigned before this court with the above
offence.
3. Accused in court, however, pleaded not guilty to the above charge.
DEFINITION OF THE OFFENCE
4. With respect to defrauding by false pretence, section 132 of Act 29 explains that a
person defrauds by false pretences if, by means of a false pretence, or by personation
that person obtains the consent of another person to part with or transfer the
ownership of a thing. Section 131 of Act 29 provides that a person who defrauds any
other person by a false pretence commits a second degree felony.
BURDEN OF PROOF
5. By a plea
AI Generated Summary
Magistrate HIS WORSHIP D. ANNAN convicted Atuimah Valerius, manager of Farmapp Hub Enterprise, for defrauding by false pretence under section 131 of the Criminal Offences Act. In September–October 2021 Valerius induced Wisdom Abi to invest GHS3,050 on promise of 30% returns within three months, with an agreement spanning 1 October to 31 December 2021. After maturity and a requested two-month extension with 10% penalty, no payment occurred and Abi complained to Sagnarigu police. The investigator found no visible farm activity and no insurance policy despite Valerius’s claims. Applying Act 29 sections 131–132 and evidentiary standards, the court rejected “act of God” explanations (pests and tenure problems) and found non-communication and misstatements indicative of false pretence. Post-charge payments, including a purported 70% insurance cover and GHS400 personal payment, did not negate liability, though considered in mitigation. The court fined Valerius 125 penalty units, imposed a five-month default imprisonment, and ordered compensation of GHS1,430 to Abi.