THE REPUBLIC v. TAHIRU JEBRILA

JUDGEMENT

The accused person is charged with two counts of Stealing contrary to Section 124 (1) of

the Criminal and Other Offences Act, 1960 (Act 29) and dishonestly receiving contrary to

section 146 of the criminal offences Act, 1960 (Act 29). He pleaded not guilty to both

counts after the charges had been read out and explained to him the Twi language.

FACTS OF THE CASE

The facts of the case as presented by the prosecution are that the complainant, Yaw Yaro

is a driver and resides at Dambai Lakeside whilst the accused Tahiru Jebrila is also a

driver and lives at Dambai Zongo. On 29th March, 2022 at about 9:30am complainant

drove his Man Diesel truck with registration number GW-8241 V to the Alinco fuel station

at Dambai and bought diesel worth GH¢5,600.00 into the truck. After the purchase of the diesel, the complainant proceeded to a mechanic shop at Banka junction, Dambai, for

servicing of the vehicle. The servicing was not completed and so he was made to leave

the truck there for continuation the following day. On 30th March, 2022 at about 7:30am

Complainant went to his truck and detected that all the diesel had been siphoned from

the tank. He reported the case to the Dambai Police for investigation. On 31st March, 2022

whilst investigation was ongoing the police had information that the accused was having

in his possession some jerry cans of diesel which he was offering for sale. The police

proceeded to the house of the accused and met him having in his custody nine jerry cans

of diesel valued at about GH¢5,600.00. When the accused was questioned by the police

as to how he got the diesel, he said it was sold to him by a driver working with a certain

construction company. He requested that police should give him some time to invite the

seller of the diesel for confirmation. He was cautioned to that effect and he maintained

that he will be able to produce the seller. The accused was admitted to bail to enable him

assist the police locate the alleged seller of the diesel but to no avail. Police also requested

the accused to mention the name and location of the construction company for the seller

to be traced but the accused failed to do so. After investigation accused was charged with

the offences and put before this Honourable Court.

The prosecution in proving its case called two (2) witnesses including the investigator

and tendered two (2) exhibits that is the caution and charged statements of the accused

person marked Exh