THE REPUBLIC v. OSEI NOAH
July 21, 2023
DISTRICT COURT
GHANA
CORAM
- HIS WORSHIP D. ANNAN ESQ
Areas of Law
- Criminal Law and Procedure
- Evidence Law
July 21, 2023
DISTRICT COURT
GHANA
CORAM
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INTRODUCTION
1. On 27th January, 2023 the accused was arraigned before this court for the below
offences:
COUNT ONE
STATEMENT OF OFFENCE
Defrauding by false pretence: contrary to section 131 of the Criminal Offences Act,
1960 (Act 29).
PARTICULARS OF OFFENCE
Osei Noah, Age 37yrs, Trader: For that you during the month of January 2023 at
Tamale in the Northern Region and within the jurisdiction of this court, with intent
to defraud did obtain the consent of one Eric Frimpong to part with cash the sum
of GHS300.00 by means of certain false pretences to wit falsely pretending that if
the said money was given to you, you could help get him enlisted into the Ghana
Army and upon such false representation, you succeeded in obtaining the said
amount from the said Eric Frimpong which statement you well knew at the time
of making it to be false.
COUNT TWO
STATEMENT OF OFFENCE
Falsely pretending to be a public officer: contrary to section of the Criminal
Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
Osei Noah, Age 37yrs, Trader: For that you during the month of January 2023 at
Tamale in the Northern Region and within the jurisdiction of this court, not being
a public officer, did pretend to be a public officer by introducing yourself to Eric
Frimpong as a military captain and medical doctor stationed at 6BN Kamina
Barracks, Tamale which you well knew not to be true.
FACTS OF THE CASE
2. The facts of the case given by the prosecution are that in January 2023 accused
introduced himself to the complainant, Eric Frimpong, as being a military doctor with
the rank of Captain stationed at 6BN Kamina Barracks, Tamale. Accused later
informed the complainant that he could get him enlisted into the Ghana Army and so
demanded for GHS200.00 to buy the enlistment forms to begin the process.
Complainant then gave the accused the said money. Accused also requested for soft
copies of complainant’s school certificates, ID card and passport picture which same
were sent via accused person’s whatsapp number 0593626469. Later, accused
demanded an additional GHS500.00 to continue the process. Due to the persistent
demands of the accused, complainant suspected an ill motive and therefore consulted
a military friend on the matter. Complainant was then informed that accused was
defrauding him. As a result, the military friend informed the Military Police and
accused was arrested. During interrogation, accused admitted the aforementioned
offences
AI Generated Summary
This criminal trial in the Tamale Magistrate Court concerned Osei Noah, a trader who told Eric Frimpong he was a military doctor with the rank of Captain at 6BN Kamina Barracks, Tamale, and that he could secure Frimpong’s enlistment into the Ghana Army. Noah obtained GHS200 for enlistment forms and later GHS100 for a purported work-related guinea fowl, and collected Frimpong’s certificates and IDs (Exhibits A1–A7) via WhatsApp. When Noah demanded an additional GHS500, Frimpong consulted an Air Force officer, leading to Noah’s arrest and prosecution. Applying Act 29, the Evidence Act, and Ghanaian case law, the court found the false pretence elements proved beyond reasonable doubt and convicted Noah on count one, imposing a fine of 50 penalty units or one month in default. On count two, the court held the prosecution failed to satisfy section 238’s prima facie requirements and acquitted Noah.