THE REPUBLIC v. ZUBEIRU MOHAMMED

JUDGMENT

INTRODUCTION

1. On 19th August, 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

Zubeiru Mohammed, Age 36yrs, Businessman: For that you during the 2022 at

Tamale in the Northern Region and within the jurisdiction of this court, with intent

to defraud did obtain the consent of Suradi Mahammed to part with cash the sum

of GHS2,000.00 by means of certain false pretence to wit falsely pretending that if

the said money was given to you, you could use same to pay for consignment of

meat products supplied to you and pay back the money within five days and upon

such false representation, you succeeded in obtaining the said amount from the

said Suradi Mahammed 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 the complainant, Suradi

Mahammed, is a herbalist and the accused person a businessman, both within the

jurisdiction of this court. The complainant regularly buys meat products from the

accused and they got to know each other. On 15/06/22, accused went to complainant’s

house and informed him that he had received consignment of meat products but did

not have enough cash to make full payment of the stock and needed GHS2,000.00 to

add to his money to pay his supplier. Accused then promised to refund the money

within five days. On receipt of the money and after five days, accused failed to refund

the money and that compelled the complainant to go to the accused person’s shop

only to note that the shop was closed and deserted. Complainant called the mobile

number accused provided him, but it went unanswered. After repeated calls,

complainant claimed accused blacklisted him. Hence, on 11/08/20 a complaint was

lodged and accused was tracked and arrested. In his cautioned statement, accused

admitted to the facts as stated by the complainant. Accused was later arraigned before

this court for trial.

3. Accused in court, however, pleaded not guilty to the above charge.

DEFINITION OF THE OFFENCE

4. With respect to the 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 thin