THE REPUBLIC v. JANET KUMKAH, JAPHET DZORKPUI AND PETER AZUMAH
July 15, 2023
CIRCUIT COURT
GHANA
CORAM
- HIS HONOUR MR. FELIX DATSOMOR, ESQUIRE
Areas of Law
- Criminal Law and Procedure
- Evidence Law
July 15, 2023
CIRCUIT COURT
GHANA
CORAM
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J U D G M E N T
This judgment is in respect of the third accused, Peter Azumah, who was charged with a
count each of the offences of abetment of crime and possession of forged document contrary to
sections 20(1) and 166 of the Criminal Offences Act, 1960 (Act 29).
He was alleged to have aided and abetted the first accused, Janet Kumkah, in the year
2019 to carry on insurance business without licence in Ho. He was also alleged to have
had in his possession a Quality Insurance Company (QIC) sticker with serial number
4671090 in the year 2019 in Ho.
The complainant in this case who was the Regional Manager of National Insurance
Commission (NIC), Ho. The first and second accused persons were middle men
popularly known as Goro Boys or Goro Girls at the Driver and Vehicle Licensing Authority
(DVLA) in Ho. The third accused is an insurance agent for QIC Limited, Ho branch, located within the premises of the DVLA. In May 2019, the NIC received series of
complaints that one Peter at DVLA, Ho was selling fake insurance stickers to unsuspected
motorists within the Ho municipality. This usually led to the rejection of injury claims by
Insurance Companies due to the fake nature of the insurance stickers and documents
presented for the insurance claims. The police on 20 May 2019 therefore visited the third
accused in his office and met the first and second accused persons in the said office. A
search was conducted and one QIC sticker with serial number 4671090 issued to a vehicle
with registration number GT 579-12 in 2017 was found on his table. In the first accused’s
handbag were found Donewell Insurance Company (DIC) stickers with different serial
numbers concealed in a brown envelope with second accused’s name and contact number
written on the envelope. The accused persons were consequently arrested and upon
interrogation, the first accused admitted the offence and disclosed that she had even sold
a sticker to an innocent taxi driver at a cost of GHc100 before the police arrived. According
to her, the said sale of the sticker was done with the assistance of the second and third
accused persons. She further stated that it was the second accused who introduced her to
one Donne, a resident of Accra, in 2018 to supply her with the said fake insurance stickers.
She however failed to lead the police to the said supplier. The suspected fake insurance
stickers retrieved that day were forwarded to the NIC in Accra for examination and
report. On 27
AI Generated Summary
This Circuit Court judgment, authored by His Honour Felix Datsomor, concerns the third accused, Peter Azumah, an insurance agent for Quality Insurance Company (QIC) at the Driver and Vehicle Licensing Authority (DVLA) premises in Ho. Following complaints to the National Insurance Commission (NIC) about fake insurance stickers being sold to motorists, police and NIC officials searched Azumah’s office on 20 May 2019, finding a QIC sticker with serial number 4671090 on his table and Donewell Insurance Company (DIC) stickers in the first accused’s bag. Subsequent NIC examination confirmed the stickers were fake. While the first and second accused changed their pleas and were convicted, Azumah stood trial. The court reiterated the presumption of innocence and the prosecution’s burden of proof, rejected reliance on co-accused confessions against Azumah, and concluded the QIC 4671090 sticker was a forged document in his possession. Azumah was convicted for possession of a forged document, acquitted of abetment of carrying on insurance business without licence, and fined 150 penalty units or nine months’ imprisonment in default.