THE REPUBLIC v. CEPHAS AGBEBIANU ANANI
2022
COURT OF APPEAL
GHANA
CORAM
- OFOE (MR.) J.A (PRESIDING)
- BARTELS-KODWO (MRS.) J.A.
- BERNASKO ESSAH (MRS.) J.A.
Areas of Law
- Criminal Law and Procedure
- Technology Law
- Media Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arose from the conviction and sentencing of Cephas Agbebianu Anani, a refrigerator repair apprentice from Gbe-Kledjo, for defrauding by false pretences, extortion, and publication of obscene material. Anani, using a fake Facebook identity 'Gwada Thoni' with Prince William’s photograph, induced Delight Koffie, a local teacher, to send nude images and videos. He then threatened to publish the material unless she paid GH¢2,000 or had sex with him ten times, and sought GH¢100 to book a room at Afegame hotel. Koffie reported to the Hohoe police; Anani escaped an attempted arrest but was later apprehended. On appeal, the court held that online personation and forwarding obscene images fall squarely within Act 29 and Act 772, that intent could be objectively inferred from Anani’s conduct, and that the sentences were within statutory limits. The Court of Appeal dismissed the appeal and affirmed the convictions and concurrent sentences.
BARTELS-KODWO, J.A:
The Appellant was charged with the following offences:
STATEMENT OF OFFENCE (Count 1):
Defrauding by false pretense and General Provision for Cyber Offences: Contrary to Section 131 (1) of the Criminal and Other Offences Act, 1960 (Act 29) and Section 123 of the Electronic Transaction Act, 2008 (Act 772).
STATEMENT OF OFFENCE (Count 2):
Extortion and General Provision for Cyber Offences: Contrary to Section 151 of the Criminal and Other Offences Act, 1960 (Act 29) and Section 123 of the Electronic Transaction Act, 2008 (Act 772).
STATEMENT OF OFFENCE (Count 3):
Publication of Obscene material and General Provision for Cyber Offences: Contrary to Section 280 of the Criminal and Other Offences Act, 1960, (Act 29) and Section 123 of the Electronic Transaction Act, 2008 (Act 772).
The then accused pleaded Not Guilty on all the three counts. The prosecution provided the facts as follows:
BRIEF FACTS:
Complainant Delight Koffie is a teacher and resident of Gbe-Kledjo in the Volta Region. Accused Cephas Agbebianu Anani is a refrigerator repair apprentice resident in the same town of Gbe-Kledjo. During December, 2018 to January 2019 accused started an online conversation with the complainant, using Facebook user name Gwada Thoni with a Photograph of Prince William of the United Kingdom as his Display Picture (DP) ostensibly to misrepresent himself to complainant. In the course of this online false pretenses relationship, accused convinced complainant to post her nude pictures and videos for the Gwada Thoni Facebook user account. The complainant sent the requested nude materials to accused fake Facebook account via messenger. Accused after receipt of the nude materials of complainant disclosed to complainant via Whatsapp number 0554948428 that he knows her at Gbe-Kledjo. Accused then threatened complainant to pay Gh¢2000 or in the alternative allow him to have sex with her 10 times otherwise he would publish the nude pictures and videos on social media for people of Kledjo to watch.
To prove that the accused is serious and capable of publishing the nude materials, accused sent/published to complainant the nude materials of someone the accused identified as Edina. Complainant was shocked and told accused that she does not have such money to give and begged him not to carry out the threat to publish her nude pictures and videos. Accused instructed complainant to send Gh¢100 to accused to book for the hotel room at Afegame hotel. The acc