THE REPUBLIC v. BENEDICT ASSIFUAH-NUNOO

JUDGMENT

The Accused Person was charged with Defrauding by False Pretences:

Contrary to Section 131(1) of the Criminal and Other Offences Act, 1960 (Act

1. hereinafter referred to as Act 29. The Particulars of Offence are that the

Accused Person on or about the 3rd day of February, 2023 at Anyaa/Accra in

the Greater Accra Circuit and within the jurisdiction of this court, with intent

to defraud did obtain the consent of one Deborah Selasi Bedzo to part with

cash the sum of GHc29,660.00 by means of certain false pretences to wit

‘pretending that his salary has been withheld and when he gets the said amount, he

will pay it back as soon as his salary is worked out’ and upon such false

representation succeeded in taking such amount of the money which

statement he knew at the time of making it to be false.

The Brief Facts of the case as incorporated from the Charge Sheet are that the

Complainant Deborah Selasi Bedzo is a trader at Anyaa whilst the Accused

person is a self-acclaimed music tutor at Agona Swedru and they both met

sometime in the 2022 via Facebook, became friends and subsequently entered

into an amorous relationship of which they started cohabiting intermittently

at the complainant’s residence. On the 3/2/2023, the accused person who at

the inception of the relationship told complainant that he is working with the Ghana Education Service at Swedru told complainant that due to some

administrative mishap his salary has been withheld and needed some loan

whiles he works to resolve the issue. Accused managed to convince

complainant to part with cash the sum of GHø29,660.00 in various tranches

on different dates both through mobile money and in cash with the promise

to pay back when the issue is resolved. In or about the second week of April,

2023, accused person told complainant that the issue has been resolved and

he needed GHø500.00 to be given to the person who helped him resolve the

issue. Accused person however went into hiding after complainant sent him

the GHø500.00 and mostly refused to pick complainant’s phone calls

occasionally calling back to rain insults on complainant when complainant

demands her money. Complainant out of desperation went to accused

person’s alleged workplace at Agona Swedru to demand her money only to

discover that accused person does not work there. Complainant lodged a

complaint and accused person was apprehended. During investigation

accused person admitted the offence and after invest