Republic Vrs. Bani And 3 Others (CC/30/2024) [2024] GHAHC 294 (16 July 2024)

INTHESUPERIOR COURT OF JUDICATURE INTHEHIGH COURT OFJUSTICE HO–VOLTAREGION CORAM: CHARITYA. ASEM (MRS.) J. SUITNO.: CC/30/2023 DATE:16TH JULY, 2024 THEREPUBLIC VRS. 1.COURAGE BANI -1ST ACCUSED 2.SAMUELOFORI -2ND ACCUSED 3.BRIGHT DZEBU -3RD ACCUSED Accused persons– Present all prose Prosecution–Attorney General JUDGMENT The three accused persons stand charged with 10 Counts of offences. Conspiracy to Commit Crime contrary to Section 23 (1) of Act 29 and Ten (10) Counts of Defrauding by false pretense, contrary to Section 131 of Act 29/60 respectively. The 1st accused however, face additional one (1) charge under count 11 Attempt to give bribe to a Police officer contrary to Section 18 & 239 of Act 29/60 as amended by Section252(2) 2020,Act1034. The Accused persons, were arraigned before this court on the 26/06/2023 however, all accused persons pleaded not Guilty to each Count of offence. And by the Not 1 Guilty Plea A1, A2 & A3 put themselves at the foot ofthe court,and their guilt has to be proved beyond reasonable doubt. Some of the key responsibilities of the prosecution is to gather and present sufficient and credible evidence to establish the accused person’s guilt. And ultimately, the prosecution must convince the court that theevidence provesthe accused’sguilt beyond reasonable doubt. PerArticle 19(2) (c)ofthe 1992constitution it provides thus, “(2) A person charged with a criminal offence shall (c) be presumed to be innocent untilhe is provedorhas pleaded guilty.” Since the above provision is mandatory, the guilt of the accused persons ought to be proved beyond reasonable doubt and the burden of persuasion on the party alleging a wrong doing has been provided for in Section 13 and 15 of the Evidence Act 1975 (NRCD 323). Since it is the prosecution that is alleging, it carries that heavy duty to establish its case satisfactorily and beyond reasonable doubt to secure a conviction. The accused bear no such duty though he is required to raise reasonable doubt not fanciful. FACTSOF THIS CASE The brief but relevant facts ofthe instant case have it that; The three accused persons, Courage Bani (A1), Samuel Ofori (A2) and Bright Dzebu (A3) are all Convicts serving various jail terms at the Ankaful Maximum Security Prisonnear CapeCoast. The complainants numbering six (6), Delida Antwi a Nurse, Seth Gamor a Businessman, Akorli Bernard Nanor a Banker, Richard Ofori a Businessman and Dominic Anim Twum, Banker are all friends who share common information on WhatsApp platform. Whilst the sixth complainant is D/C/Insp Everton Kwao a police officer. 2 It is prosecution’s case that on 17/05/2022, Delida Antwi saw Treasure Land Travel & Tour advertisement running on Passion TV. The advert was offering opportunity to interested individual to apply for visa to work in either USA, Canada or UK. Contact No. 0597613463 was displayed against the advert for interested persons to call. 1st complainant Delida Antwi developed interest and called the number. A1 responded to the call and introduced himself as Jerry Odoi, a lawyer and CEO of Treasure Land Travel & Tour based in Accra. After formalities A1 demanded the sum of GH¢2,500.00 as interview fee, GH¢16,000.00 for Air Ticket and GH¢20,000.00 for 5 years Canadian Visa fee. 1st complainant in the process paid a total of GH¢18,500.00 throughMTNnumber 0597613463,0551676892and 0248978248as well as Ecobank Account No. 1441002568351 in the name of Jerry Odoi. Complainant Delida Antwi informed others about the prospects. The 2nd, 3rd, 4th & 5th complainants also developed interest and contacted A1 through MTN No. 0597613463. That after the introduction formalities, 2nd complainant SethGamor paid a total of GH¢50,000.00. Akorli Bernard paid GH¢39,500.00, the 4th complainant Richard Ofori paid GH¢40,000.00 and 5th complainant Dominic Anim Twum paid GH¢40,000.00 all through MTN Momo account Nos 0597613463, 0551676892 as well as Ecobank account No. 1441002568351 at the instruction of A1. The victims were assured that that whole process will take less than two weeks, and it was protocol visa. A1 after receipt of the various sums of monies sent Visa to complainants through their WhatsApp numbers. That when the Visas were printed out the documents were all bearing the same serial number and certain features that made the complainants suspicious. Complainants then went to the Canadian Embassy to confirmthe authenticity oftheVisa and theywere told it was fake and scam. 3 A1 consequently blacklisted complainants and every means adopted to reach him as wellas personswho were receiving calls ashis workerswasunsuccessful. A complaint was then lodged with the police for investigation. In the process a brother to A2 Isaiah Agbeduamenu was nabbed. Investigations revealed that he has been receiving monies through MTN No. 0597613463 belonging to A1. A2’s brother informed Police that he received the transfers from his brother A2 who was a prisonerat AnkafulMaximum Prison, Cape Coast. In the cause of investigation, the Police traced the three accused persons to the Ankaful Prison who were serving various jail terms. During the cause of investigation A2 stated that the said No. 0597613463 belongs to A1. A2 revealed that, A1had recruited him and A3. That A1 hasphones in the prison, and will usually use the said contact to call prospective individuals like the complaints and take money from them under the pretext of securing them visa. He admitted that A1 engaged him as receptionist and A3 as personal assistance to speak to the victims. They engaged the victims and played these roles after which, they refer the callers to A1 forfurthercontinuationofthe transactions. Further investigations revealed that A2 & A3 benefited from the monies A1 received from the complainants. Through further investigation A2 provided contact No. 0247258955 while A3 provided No. 0243801631 as mediums used to receive money from A1. Upon his arrest, A1 admitted the offence and promised to refund all the moniestogetherwithhis partnerA2. In the cause of investigation, A1 called D/C/Insp Everton Kwao with MTN number 0244093084 on two separate occasions and attempted to offer him bribe of any amount of money to destroy any evidence in this case and make it foolish case. All threeaccused personswere charged afterinvestigationand put before this court. 4 The threeissues forthe courtsconsideration will centeron; (i) Whether or not the accused did conspire together to defraud the complainants herein. (ii) Whether or not the Accused succeeded in defrauding the complaints herein. (iii) Whetherornot theA1 attemptedtobribe the 6th complainant. To discharge the evidential burden on the prosecution, it called a total of seven (7) witnesses to attempt to prove its case. These witnesses reduced their evidence into witness statements with several exhibits attached. These included copies of the fake visa processes, WhatsApp chats between the complainants and lawyer Jerry Odoi who was later identified as A1 Courage Bani, evidence of payment receipts to Courage Bani and MTN call details, Momo transactions as well as bank deposits to Ecobank account by, Mavis Appiah, Frada Pokua, in the name of Jerry Odoi. It is noted that, the online Ecobank account was opened with DSP Mark Tawiah’s E-mail address. PROSECUTIONS CASE It is the case of the prosecution that the three accused persons conspired to defraud and actually did defraud the complainants of various sums of monies under the guise or pretense of obtaining Canadian Visa’s for them to travel, live and work in Canada which otherwise the complainants would not have parted with the monies but forthe false pretense. Delida Antwi also known as Gabriela Abena Dah is prosecution’s first witness PW1. In her sworn testimony reduced into witness statement filed on the 19/07/2023, she 5 said she dealt with A1 as Lawyer Jerry Odoi whom she later got to know by his real name as Courage Bani. PW1 said on the 17/05/2022 she saw an advert on Passion TV which read, Treasure Land Travel and Tour. That the advertisers (Treasure Land Travel and Tours) displayed a contact number 0597613463 and stated in the advert that they were a travel agency whose aim is to help prospective travelers secure Visas to countries such as Canada USA and United Kingdom. She showed interest in Canada and contacted the number displayed onthe TV. PW1 continued that the recipient introduced himself as Lawyer Jerry Odoi the boss of Treasure Land Travel and Tours. Soon after the initial formalities Lawyer Jerry Odoi forwarded some requirements in a message on 0245129437. The message is dated 17/05/2022 Exhibit DA1. The said Exhibit DA1 provided details of what a five (5) years working Visa permit’s, which included the cost of interview, processing fee of GH¢2,500.00. Air Ticket at GH¢16,000.00 and Visa fee ofGH¢20,000.00 as well as a list ofjobs anapplicant intends toengagein. According to PW1 during his interaction with A1 on the phone as Lawyer JerryOdoi his name sounded familiar. And upon enquiry A1 admitted being the said Lawyer Odoi she must have known many years earlier in Kumasi. This made here comfortable dealing with A1. A1 told PW1 that he was now working with the Canadian Embassy High Commission and was ready to assist her and other persons who intend totravel. According to the witness she was scheduled to attend an interview and was assured it was protocol Exhibit DA2. PW1 in fulfilment of requirements from A1, sent Exhibit DA3, DA4 and DA5 being photocopiesofher passport,passport picturesand answered questionerssent fromA1. Then on 18/04/2022 upon instruction from Jerry Odoi PW1 paid GH¢2,000.00 as processing fee into Ecobank Account No. 1441002568351. On the same day about 6 5:00pm Jerry Odoi sent to her an appointment letter detailing a scheduled interview on 25/05/2022 at 15:00 (3:00pm) Exhibit DA6. On the appointed date, PW1 said she went through the formalities but her passport was returned to her with a paper affixed to her passport. Upon request from Lawyer Jerry Odoi she was to submit the documents and the small paper affixed to her passport for further processing, which she did bysending Exhibit DA8, DA9, DA10, DA11, DA12, DA13, and DA14 to him. PW1 continued that the said Jerry Odoi on the 30/05/2022 sent a document entitled approval letter to be sent to the same venue PW1 had her interview. PW1 under instructions printed the documents. On the 9/062022 Jerry Odoi re-sent a picture of her fight booking ticket Exhibit DA 15 and other documents supposedly from the Canadian Embassy. PW1 was under instructions to re-send those documents to the Embassy under the name of Lawyer Jerry Odoi for easy identification soon as it arrives at the High Commission of Canada Visa section. Exhibit DA16 is evidence of postage. On the 3rd July, 2022 A1 sent a consent form to PW1 which she was to print and sent back to him. Exhibit DA17 and the essence of the contract form was to authorized Jerry Odoi to pick up her travelling documents from Canada High Commission once theprocess is through. LaterPW1received apicture ofher supposed Visa Exhibit DA18. According to PW1, Jerry Odoi arranged a meeting to meet the victims at 37 Military HospitalBus stop,Accra so he will hand overtheir travelling documents toher. PW1 said she went to Accra with all her friends she introduced to Jerry Odoi. Jerry Odoi did not show up until about 5:00pm when he called that he was in a meeting outside Accra. Her friends Richard Ofori, Bernard Nanor Akorli on instructions by 7 Jerry Odoi went to Sankara Circle Accra on another failed day frantically to collect their travelling documents onare-scheduled date but JerryOdoinevershowed up. All attempts later to reach Jerry Odoi proved futile. PW1 said all the transactions were made over the phone and sometimes when she calls to speak to Jerry Odoi some other persons received the calls before handing over to him. She believes these arethe peopleJerryOdoispokeabout as hisworkers. That later her friend Richard Ofori made a complaint to the police. After investigations she was made to know that the said Lawyer Jerry Odoi who defrauded her of GH¢19,500.00 is known as Courage Bani and two other persons he described to me as his workers; Samuel Ofori and Bright Dzebu who were all convictsinAnkaful Prisonsserving jail terms. I must put on record that initially A1 engaged the services of a Lawyer who began vigorous cross-examination on their behalf. But A1 in the cause of the cross- examination objected to the questions asked by his lawyer. The learned counsel felt heckled and complained to the court. A1 disengaged his services and arrogantly, took over the conduct of the case personally believing he knows more than the lawyer.I may refertosome ofthe tonesofquestions asked if need be. The next witness to testify is PW2 Richard Ofori whose evidence was reduced into witness statement filed on the 20/07/2023. His story was straight forward. He was introduced to Jerry Odoi by Delida Antwi PW1. According to him, he was led to believe the Jerry Odoi was working at the Canadian High Commission who could assist them with Visa to travel. PW2 continued that PW1 gave Jerry Odoi contact to him 0597613463 and he contacted Jerry Odoi. According to witness Jerry Odoi began to send him documents. The 1st was on contact no. 0265975821 received on the 17/05/2023 Exhibit RD1. Exhibit RD1 provided details of what a five year working 8 permit entails. It included cost of interview (processing fee) at GH¢2,500.00; Air Ticket at GH¢16,000.00 and Visa fee at GH¢20,000.00 as well as list of jobs an applicant intends to engage in. PW2 said on oath that the Jerry Odoi promised the whole process will take just about a week or two to complete. Jerry Odoi then gave him an Ecobank account details 1441002568351 into which he deposited GH¢2,500.00 asprocessing fee. PW2continued that afterthe payment he received anappointment letterto attend an interview at the Canadian Visa Application Centre – Abelenkpe – Accra. Which he did. Exhibit RO6. In the processes PW2 transferred an amount of GH¢16,000.00 for travelling tickets, GH¢12,00.00 and GH¢6,000.00 to have the process completed. The monies were lodged through contact No. 0551676892 with a recipient name Mavis Appiah. Thereafter all efforts to reach Jerry Odoi failed. It then downed on him that he has been defrauded. PW2 said he then called all their friends who dealt with Jerry Odoi and compared notes and concluded they have been defrauded. He made a case to the police and PW1 was arrested because she introduced Jerry Odoi. PW2 said sometimes when he called to speak to Jerry Odoi some other persons engage him beforedirecting him toLawyerJerryOdoi. He paid the totalofGH¢36,500.00to Jerry Odoi. After police investigation it was revealed the said Courage Bani was the one who disguised under the name lawyer Jerry Odoi operating from Ankaful Maximum Prison to defraud him and his friends together which he did with Samuel Ofori and Bright Dzebu. PW3 is Dominic Anim is a banker who resides in Accra. He also got to know PW1 Delida Antwi through PW2, who introduced Jerry Odoias her friend who worked at the Canadian High Commission. PW3 also after the introduction was also taken 9 through similar processes where he also received similar information from PW1 from Jerry Odoi. PW3 said he paid monies into Ecobank account no. 1441000695744 with account name International Organization for Migration, GH¢18,500.00 to MTN No. 0551676802, GH¢2,500.00 into an Ecobank account 144002568351; GH¢19,500.00 to0551676892.PW3said he did not dealwithJerryOdoidirectly. PW4 is Akorli Bernard Nanor a resident of Somanya and a Freelance Writer. He was introduced to the deal by PW1 through PW2. PW4 was taken through similar fashion as PW1, PW2, and PW3 whilst making payments to Jerry Odoi’s account for a five (5) years Canadian Visa. According to him after a while they realized they were scammed. His suspicion was confirmed after he visited the Canadian High Commission with PW2 to enquire of Lawyer Jerry Odoi and their suspicions was confirmed when the security guard at post said no such person worked there. After police investigation the Jerry Odoi turned out to be Courage Bani A1 who was a convict serving a jail term at Ankaful Prison, Cape Coast. In total PW4 paid the sum of GH¢39,702.00 to Courage Bani @ Jerry Odoi under the guise of securing a five (5) yearCanadianVisa forhim. Mr. Seth Gamor a victim who also made payment to Jerry Odoi could however not appear to testify. Prosecution said he was unavoidably absent. Prosecution however tenderedhis statements.He paid GHC50,000.00 to A1just like hisfriends. PW5 is Detective Chief Inspector Isaac Everton Kwao. A Police officer stationed at the Regional Police Office, Ho. He tendered his witness statement made on the 24/07/2023. This witness was on top of issues and commanded a lot of respect when he appeared before the court. Soon as he began to testify, I found him to be very smart and intelligent. Hitherto, A1 has said very damning things about him as well as and PW6, and any police officer he had encountered from the begging of the investigation and during the trial. The court itself was not spared. All his allegation 10 of attempt by PW6 to induce him to part with money was investigated and thrown out. PW5 testified on oath that, he knows all the accused persons including the complainants of the fraud under consideration. According to witness all the victims aremembers ofaWhatsAppgroupknownasLoveand UnityWhatsAppPlatform. He stated that during the cause of investigation they traced the accused persons to Ankaful Prisons, Cape Coast who were serving jail terms. He said A2 stated in his investigation cautioned statement that A1 was the master brain and leader of their fraudulent scheme. A2 revealed that A1 is the owner and user of phones and all the MTNnumbers used in the commissionofthis crime against the victims statedabove. The above revelation led him and PW6 Detective Sargent Joshua Ali to Ankaful Maximum Prisonwhere theymet A1. PW5 narrated that, A1 Courage Bani was brought from his cell and interrogated before the Prison Officials including Supt. Harvey Ewusi, Assistant Operations Commander of the prison. He equally interrogated A1 who denied the offence and said, he did not own any phone apart from what he had at the reception. An order for search in his cell revealed one Tecno Android Mobile Phone with an MTN Sim Card. The prison officials who conducted the search without them said, it was found under the bed of A1. According to PW5 the operations Commander turned on the phone and it was inspected by them (Police) which reveal the advert of Treasure Land Travel and Tour in the message application of the phone. Upon further probe A1 admitted ownership of the phone. A1 admitted that he committed the crime with other personnel’s whose name he would not like to mention but promised to refund allthe monies he had received throughfraud. PW5 continued that during the cause of investigation A1 requested from PW6 to give him his contact which he agreed. On their way back to Ho, A1 called him with 11 contact No. 0244096084 which is registered under the name Akwasi Appiah. A1 made an appeal to him that he was ready to offer any amount of money to quench the case. A1 placed the call twice and as part of their investigation he recorded the conversation. Witness tendered the pen drive of the voice recording as Exhibit EK1, Itemized Bill lending credence to the fact that A1 called and attempted to bribe him asEK2 and EK3. The witness was extensively crossed examined by A1. PW6 is Detective Sargent Joshua Ali No. 43563 Police Investigator stationed at the Regional CID, Ho, Volta Region. He together with PW5 investigated this case. He tendered his witness statement filed on the 24/07/2023 as his evidence in chief and attached theretoare; Exhibit A – Police statement by PW1 Exhibit B– Furtherstatement ofPW1 Exhibit C – MTN Itemized Bill obtained per court order belong to Jerry Odoi – 059613463 Exhibit C1-MTNItemized Bill record in the name ofFradaPokua –0553314322 Exhibit C2–MTNItemized Bills inthe name ofMavis Appiah No. 0551976892 Exhibit C3–Mobile MoneyTransaction –History. JerryOdoi–0597613463 Exhibit C4–Mobile MoneyTransaction history. Exhibit C5–Mobile MoneyTransaction History, MTNMomostatement Exhibit D– Police statementfromDelida Antwi. Exhibit E – Police statement received from Agbeduamenu Isaiah Nortey date 26/10/2022. Exhibit F–Police statementby Anim Dominic dated21/07/2022 Exhibit F–Statement by OforiRichard. Exhibit F2–Statement by AkorliBernard Nanor. Exhibit F3–Statement by SethGamor dated 18/07/2022. Exhibit H–G, G1 series & Hseries Police statement givenby Courage BaniA1. Exhibit -J& K –A pictureofaphone showing front& back view 12 Exhibit I–Statement ofD/C Inspector IsaacEvertonKwao Exhibit N, N1,N2, N3 –Caution StatementsfromSamuelOforitopolice. Exhibit -P,P1 & P2 are statementsfromBright Dzebu A3 Exhibit Q – Statement of Account Ecobank in the name of Jerry Odoi – No. 144002568351 Exhibit R - Police Registration formunnumbered(Marked Rejected) On oath PW6 narrated full investigations into this matter. He testified vividly to the exhibits tendered above and their efforts made at Ankaful Prison upon their visit. PW6did notalso escape the tongsoftheaccused persons. PW7 is Mr. Redeemer Amaglo a banker who works with Ecobank Ghana PLC, the branch Manager at Afloa. Prosecution subpoenaed him to testify on the Online Account opened in the name of Jerry Odoi in which several sums were paid. According to the witness the account was opened on 29/04/2022. The witness gave the particulars used to open the account No. 1441002568351 Exhibit Q as E-mail address dspmarktawiah@gmail.com with MTN 0597613463. He explained that since the account is online it is automatically linked to the owner’s phone contact. He explained further that Exhibit Q, shows all transactions from wallet and vice versa, and all the transactions were done by Jerry Odoi’s account which are all online transactions. As usual A1 denied being Jerry Odoi, he subjected the witness to vigorous cross examination and suggested the presence of the witness in the court was not worthwhile. Case of the Defence: Accused persons filed separate witness statement to their defences: A1 filed on the 9/04/2024, A2 filed onthe 28/03/2024and A3 filed on9/03/2024. 13 A1 gave evidence per his witness statement filed on the 9/04/2024. He denied the allegationsand relied onthe witness statementand three Exhibitstendered. Exhibit B – Same as Exhibit R tendered by prosecution (which exhibit prosecutionwithdraw). Exhibit D–Same asExhibit Etendered byProsecution. Exhibit A –Which wasearlier marked asD2 and remarked asCB1. The entire witness statement of A1 is confusing and perplexing. What I deduced from it however is that whilst serving his sentence at Ankaful he lived at Block B1 Cell 5 only. He denied having been transferred to other sections of the Prison where he could have met A2 & A3 to conspire and engaged in the crime under contention. A1’s witness statement contains mainly allegations against fellow prisoners, prison officers, lawyers, any police officer who he has ever come across in his life especially the circumstances leading to investigation into this matter, and his transfer from Ankaful to Ho Prison. Everyone has ever attempted to induce him to offer money which he declined. Most of the things he wrote in his witness statement throws no light on the case before this court. He claimed he was framed and set up by another inmate he attemptedtohelpand severalfanciful narrations. In respect of the charge of attempt to bribing of a Police officer he denied it. According to him it was PW5 and PW6 who rather attempted to collect money from him and he refused. He accused PW6 of requesting as much as GH¢253,000.00 from him. He said further that, PW6 during the investigation passed a piece of paper to him at Ankaful. It contained a threatening note to either change his statement or be dealt with. He however claimed to have lost the note in the cause of events. He was emphatic that he does not know either A2 or A3. That the first time he ever saw them was when they were transferred to Ho for further interrogation and investigation into this matter. He did not call any witness he was bold enough to file awrittenaddressto thecourt. 14 A2 is Samuel Ofori. He filed witness statement on the 28/03/2024. He said he is 46 years old. His witness statement which is his evidence in chief is strikingly confession narrations of all the events leading to this trial. I once heard that, “when the mouth slips, it speaks the truth. Also that the deference between truth and lie is; truthis what happened but, alie is the story youmade up astruth”. According to him, he was deceived by A1 to join him in his business as a worker in Treasure Land Travel and Tour of which he A1 is the CEO. According to A2 he asked of Registration Certificate and Certificate to Commence Business, which A1 showed him a copy onhis phone. A1 informed him there were other people working for him outside in his office in Accra, which convinced him more that they can do documents for people to go to Canadian High Commission to be accepted. A2 continued that he doesnotknowthe processthroughwhich A1 &A3 workedclosely as a lot was hidden from him. He said, all along he thought the business was genuine otherwise he would not have engaged in it. A2 confirmed that PW1 Delida Antwi introduced all the other victims and they paid registration fees which he is aware. He is unaware of the huge sums A1 & A3 benefited from the complainants. He furtherstated thatwhat A1gavehim was adash. He pleaded for forgiveness. A3 filed witness statement on the 9/04/2024. It is a hand written document to which he signed and relied onit as his evidence in chief. According tohim, he was sentence to 15 years’ jail term for the offence of defilement and sent to Ankaful Maximum Prison. He lived at Block D4 Cell One (1). On oath he testified that the first time he everset eyeson A1 & A2 was when he was brought toHo for investigations into this case. He maintained his innocence that he does not know anything about the entire case and the contact No. 0243801631 which is said to belong to his sister through whichhe receives his shareofthe fraud. 15 I proceed to determine the issues of whether or not there was conspiracy to defraud thecomplainants. Section 23(1) of the Criminal Offences Act, (1960 Act 29) provides that, where two or morepersonsagreetoact together withthe commonpurpose fororin committing or abetting a criminal offence, whether with or without a previous consent or deliberationeach ofthem commitsaconspiracy or abetthe criminal offence. The law is that conspiracy consist not merely in the intention of two or more persons, but also in the agreement of two or more persons to do an unlawful act by an unlawful means. And a person could be charged with conspiracy to commit a crime whether he was involved in the conspiracy before the act or after the act. The material consideration of the law is whether there was a common design by the partiesto commit acrime. Under the principle, the prosecution has clear identified duties, to establish the ingredientswhich are: (a) That theoffence involved two ormorepersons (b) That thosepersonsagreed oracted together and; (c) That they acted together with a common purpose to commit a crime or do an unlawfulact or byan unlawfulmeans. In the case of The State V. Boahene (1963) 2 GLR 554 the court applied the test as whether the parties had a common purpose and not whether they were acquainted witheach other. SowahJ (ashe thenwas) statedthat; “Conspiracy consists not merely in the intention of two or more persons, but also in the agreement of two or more persons to do an unlawful act or to do a lawful act by an unlawful 16 means. To constitute an indicatable conspiracy there must be an agreement between the conspirators to do some common thing. Whether they had met each other or not does not matter in the slightest degree so long as they are working for a common object; they need not know whether a conspiracy was already in existence. The test is whether or not there was acommunity ofdesign or acommon purpose” Please see also theState V. Otchere (1963)2GLR page463. It is also a settled principle of law that where several people are tried together, the court has a duty to deal with each of the accused persons separately. In the case of State V. Annan (1965) GLR600it was decided that, “Where several accused persons are charged on one indictment, it is obligatory to consider the case againsteach accusedseparately …” I believe the backdrop of the proposition would be why the trial court preferred the case ofthe prosecution orthatofthe accused. Issue one (1) - From the available evidence on record before this court, the prosecution has satisfied the court that three persons are involved in this case. It is not difficult to find that more than one person was involved in the crime charged. The point would not be worthelaborating. Issue two (2) - There is enough evidence that all three accused persons are convicts who were serving a jail term at the Ankaful Maximum Prison, Cape Coast at the time investigation into this matter broke. In the cause of the trial apart from A2 who confessed to the fact that they all lived at the same block in the prison and new each other, A1 & A3 denied ever setting eyes on each other. They both denied ever knowing A2 talk less of having any meeting with him to commit the crime, though 17 A2 insisted they all lived in the same prison block and cell. According to A2 he had come under attackfromA1, against whomhe claimed has beenthreating his life. A1 denied ever living in the same block with A2 who had confessed to the whole crime by giving chilling revelations of their activities. Even though the court accepts the fact that the accused persons, need not be in the same place, and time, to constitute conspiracy, there is unchallenged evidence that all three were in Ankaful atallmaterial times during the alleged crime. In order to resolve this fiercely contested issue the court wrote to the prison authorities at the request of prosecution for clarification on the matter. The court received a response dated 6/06/2024 signed by Edward Ashun the Deputy Director of Prisons OIC/REG. Commander, C/R. From the record received this is what he sated; A1 Courage Bani was transferred to Maximum Security Prison 17/09/2021. Upon his arrival he was accommodated at Block A1 Cell 10, Block B1 Cell 5 & 7, Block D4 Cell 8&5. A2 Samuel Ofori was admitted on the 5/08/2021 his Cell was Block D4 Cell 8 and 5, Block CCell 3. A3 Bright Dzebu was admitted on the 18/03/2022 and his was accommodated at block D4 Cell 5&1;until their transfer to Ho Prisons on the 19/01/2023. Following fromthe above therefore, I find asa fact that all the accused persons at the time ofthe allegedcrime and at the time oftheir transfer toHo PrisonA1, A2and A3 lived at the same cell; Block D4 Cell 5, and 8. It is therefore a fallacy that A1 & A3 would deny ever knowing A2 except on the day they arrived at Ho Prisons. I see their denial and narrations as pure afterthought and evidence of convenience. 18 Having satisfied myself that the accused persons knew each other, I proceed to discuss theissues raised. The foundation of the trial of the three accused persons began when A2’s brother Agbeduamenu Isaiah; was arrested in the cause of prosecutions investigation into the complainant. It was A2’s brother who led police to Ankaful where they met the accused persons. The police through their own investigation put on alert the contact numbers through which complainants paid the monies to either Jerry Odoi, Frada Pokua, Mavis Appiah and several others. A2’s brother who lives in Ada had gone to cash money sent to him by A2 which led to his arrest. When cautioned he stated that he has received several monies from A2 an inmate at Ankaful Maximum Prison with instructions to use some to take care of his children and use some to pay his credit union loans and lawyer’s fees. According to Isaiah, A2 could send between GH¢1,000.00 and GH¢5,000.00. Isaiah knew A2 was in prison so he cared to ask where he was getting these monies. According to the statement, A2 told his brother that he met some friends in prison who are assisting him to meet his financial needs. The contact No MTNused for thetransferswas 0597613463. When A1 was arrested on the 16/11/2022, he gave a statement to the police. This is what he said onpoint “we did an advertand in doing so we defrauded people who want passport and visa to travel. I accept this is true and I am willing to pay back to the victims with my partner Samuel Ofori who will also bear the cost with me so that we refund the monies to the victims”. Please see Exhibits G & G1. However, when he had legal representation few days later, his story changed in Exhibit G2 where he said the statement made in Exhibits G & G1 were obtained under duress. And in Exhibit G2, H, H1 he denied his earlier confession. May I remind A1 that thoseinitial statementswere obtained fromhim at Ankafulprisonunder supervision 19 of prison officers. Besides, throughout the trial no iota of evidence of duress was raised forconsideration. I have scrutinized carefully the Caution Statement granted to the police by A2. There is no doubt that it was made by his free will when arrested on the 6/12/2022. He told police franklyand openly allthat he knewabout thecase. According to him, it was A1 who approached him upon his transfer to Block D4 cell 8where he A2 was the cell leader. A1 asked him what his was doing to better his life. A2 said, he told A1 he was waiting for some monies to pay for his appeal. Subsequently, A1 recruited him when he introduced the Treasure Land Travel & Tour business to him and gave him a phone as secretary. His duty was to receive calls and direct the individual callers to A1. A2 admitted receiving various calls from prospective travelers and forwarded them to A1 as instructed. These prospective travelers were either going to USA, Canada and United Kingdom. These callers usually inform him that, they saw the advert running on Garden City TV in Kumasi, Akasanoma TV Accra and others. The narrations in Exhibit N2 detailed the modus operandi of A1 and A3. He admitted boldly that, he worked for Courage Bani A1 and he paid him. He indicated that A3 Bright Dzebu was A1’s Assistant with whom he worked closely. He confirmed the fact that A1 was widely known as Lawyer Jerry Odoi in the Prison at Ankaful; and exposed his close relationship with some of the Prison authorities. According to A2, A1 had even prison officials who worked for him, as A1was greatly protectedby these officials. When A1 testified, he forgot the allegation of duress made against prosecution in obtaining his caution statements. There is no doubt that, it was out of A1’s free will that he gave the statement he made on the 16/12/2022 when he was nabbed, when he introduced A2as hispartner. 20 I must confess that without that statement it would have been somewhat difficult to prove that A1 & A2 conspired when they met in the prison yard, bearing in mind thatconspiracy is notproved by mereacquaintance. In criminal trials, the first statement made by an accused upon arrest often referred to as the initial statement or spontaneous utterance, do play significant role. The test however, is admissibility, credibility, corroboration and the conditions under which it was obtained. Usually the courts consider whether the statement was made spontaneously or as a response to police questioning since such statements are less likely to be influenced by external factors. Confessions can be compelling and the courts assesses the credibility of the statement and looks for any corroborative evidence of statement that aligns with other evidence is likely to carry more weight. In light of the above therefore, I found as a fact that the statements made by A1 and A2confessing tothe crime was voluntary. In respect of A3 the focus was not on him from the beginning of the investigation. Prosecution said in the cause of investigation the MTN contact belonging to one Elizabeth Aye was retrieved. A2 said the said Elizabeth Ayee is the sister of A3 who livesatTeshie throughwhich A3receives his shareofthe money. Exhibit C3 is an MTN mobile Money transaction which has recorded transfer of various sums of money from Frada Pokua Mavis Appiah to Elizabeth Aye. This Frada Pokua’s contact prosecution has been able to link to A1 successfully. Through cross examination and available evidence on record A3’s credibility is questionable. He lied on oath that the did not know A1 and A2 yet they lived in the same block and cell at Ankaful Maximum Prison. Living within such close proximity, each is bound to know, names of close relatives, contact of lawyers, from information shared. These exposures’ made by A2 brought him under serious attack from especially A1. 21 In the face of the overwhelming evidence, I find as a fact that the accused persons acted together with a common purpose whilst staying together at Block D4 Cell 5 and 8at theAnkaful Maximum PrisonCape Coast: The next issue then is whether or not the accused persons acted together with commonpurpose ofdefrauding the complainantsby false pretenses. A person is guilty of defrauding by false pretenses if by any false pretense or by personation, he obtained the consent of another person to part with or transfer ownershipofanything. Section132ofAct29,1960. The statutorydefinitionofSection 133(1) is, A false pretense is a representation of the existence of a state of facts made by a person either with the knowledge that such representation is false or without the beliefthat it is true and made withintent todefraud: And Section133ofAct 29/1960 provides that, “Whoever defrauds any person by any false pretense shall be guilty of a second degreefelony.” Furthermore, Section134ofAct 29/1960enacts that, “Personation means a false pretense or representation by a person that he is a different person, whether that different person be living or dead or be a fictitious person and a person may be guilty of impersonation although he gives or uses his own name if he does so with intent that he may be believed to be a different person ofthe same notofasimilar name”. 22 In the present case, it is prosecutions stand after investigation that all three accused persons acted together and succeeded in defrauding the complaints of the various amountsstated earlier in this discussion. PW1 said when she contacted the advertisers on phone No. MTN 0597613463 the individual introduced himself as Jerry Odoi. According to the said Jerry Odoi he workswith theCanadian HighCommission asalawyer. PW1 said the name was striking as he once knew a lawyer Odoi several years ago in Kumasi. It’s her case that A1 made her aware he is the same person but now works with the Canadian High Commission. That, that assured her that A1 was to be believed. From the undeniable evidences all the victims Pw1 – PW4 paid huge sums of money into accounts made available to them by A1, Momo, bank transfers and the recipientswere lawyerJerryOdoi, Mavis Appiah, FradaPokua alltraceable to A1. In criminal prosecution, it is not enough for prosecution to state or stablish that the accused made a representation of an existing fact with knowledge of its falsity or without belief in the truth of the representation. But prosecution to additionally prove that accused persons had intended to defraud at the time he made the false pretense. An intent to defraud is an intent to induce another person by false representationtopart withortransferthe ownershipofsome property. There is enough evidence that A1 was the brain behind this despicable criminal activities taking place in Ankaful Maximum Prison. I find as a fact that Courage Bani held out himself as Lawyer Jerry Odoi. Though stoutly denied, there is overwhelming evidence per exhibit C series that Courage Bani received money paid by the victims, from Frada Pokua and Mavis Appiah, Sunkwah Ventures on MTN 23 054813288, 0553314322, 0243801631 and 0597613463 and many other contacts on countless occasions. These transactions were either received or sent out, vividly traceable tothename Courage Bani. Likewise, there was brisk business of transfer of money from Frada Pokua, Mavis Appiah to Courage Bani, Jerry Odoi on those same contacts. Exhibit C3, C4 and C5 revealed several transactions between these manipulative contacts. It is noted that, transfers could be made several times in a day on these contacts located at Ankaful. Upon further scrutiny of exhibit C series, it is noted that, A1 has received huge transfers from other victims all across Ghana, Sunyani, Accra, Tema which he intends transferred some to his brother Nathan Bani and others working outside the prison walls. It is said he lived big in the prison and threw his weight about freely. A2 explained that A2 transferred monies towards his story building project in Accra, thoughhe could nottellthe location. From the facts and evidence, prosecutions have successfully linked the contacts, 0597613463, 0458413288, 0553314322, 05516776892 and Ecobank account No. 1441002568351 to A1 Courage Bani also known as Jerry Odoi. And am satisfied per the evidence that A1 procured these contacts which he used to engage in fraudulent activities. The germane question that need answering at this point is did the accused persons intended to defraud the complainants when they together, played roles as either the boss of Treasure Land Travel & Tours, as secretary and receptionist, by receiving calls, forwarding fake Canadian visa information to the victims, and in return received monies paid intotheir accounts? The clear unambiguous answer will be that, from available evidences on record particularly exhibits C, C1, C2, C3, C4, and C5, it is not difficult to find that all 24 accused persons herein acted together to defraud the complainants of their monies each paid, which otherwise they would not for the representation falsely made. As the evidence stand, the accused persons will have a herculean task dislodging themselvesfromtheabove watertight evidence fromprosecution. There is overwhelming evidence that A1 presented himself as lawyer Jerry Odoi who works with the Canadian High Commission and could help the victims secure protocol visas, upon payment of money. At the time he made these statements, he knewit wasfalse, without the believethat what he said wastrue. Now, to further intensify their fraudulent intentions, accused persons made available fake documentations to the victims. A1 did not act alone. There is believable evidence that, he has other accomplices’ in and outside the prisons walls who helped tofacilitate his criminal and fraudulent schemes. I believe A2 also when he said A1 has even prison official who assisted him greatly in the business. From PW7’s evidence the email address used to open the online account Exhibit Q belonged to one DSP Mark Tawiah with MTN 0597613463 belonging to A1. It is no wonder that when they were exposed they ceased the phones shamefully, under the guise that, they were going to investigate how A1 was able to smuggled and hold phones under their watch. I believe PW5 and PW6 when they told the court that the prison officials were reluctant to allow search of A1 and reluctantlyhoweverconducted thesearch without themas investigators. There is no denying the fact that the prison official deleted every relevant information on the phone found under A1’s bed before same was brought to police inHo. The phone was manipulated and nothing of importance was found onit. Such individuals together with A1 are a menace to society, a threat to the well-being of our communities. No wonder A1 in cross examination of PW5 and PW6 dwelled so 25 much on the phones in his attempt to discredit the evidences found on the phone whenPW5 and PW6visited Ankafulthe first time. A1’s ability to generate visa applications interview documents and appointment dates, air tickets, the suggestion to PW1 that he is the same lawyer Odoi she might have known in Kumasi, made the complainants believe the false representation and proceededtoact onit by parting withtheir valuable property. The law is that, when one obtains a valuable thing by false presences there was intention to defraud. This position of the law was discussed in the case of R. v Hammerson (1914) 10 CA App/r 121 and adopted in the Ghanaian case of Aseidu v. R (1968) GLR page 1 CA, and though rebuttable the accused persons did not raise any doubtin the mind ofthe court. Is it not strange that all the phone contacts used by the accused was primarily located in Ankaful? Without doubt, in absence of the evidence adduced by prosecution in establishing the guilt of the accused persons the statement made to police by particularly A1 on the 16/11/2022 and A2 on 8/11/2022 and 6/12/2022 upon their arrest, were enough admissionofthe chargeuponwhich this courtcan convict them. I am very satisfied that prosecution have succeeded in proving beyond reasonable doubt all the charges preferred in counts 1 to 10 against the accused persons, and I find themguilty ascharged and convict them. I proceed todiscuss count 11onwhich A1 stands charged alone. The evidence is that, A1 called PW5 Inspector Everton Kwao in attempt to offer him bribe to make the case a foolish case. PW5 said A1 got his contact from PW6 when they went to 26 Ankaful Prison to meet A1 after he was exposed by A2. The witness claimed he allowed PW6togive thenumber toA1 so theywill see what he is upto. PW5 gave his contact number as 0249261280 and alleged that A1 used MTN 0244093084 to call him on two occasions. He said as part of their investigations he recorded the conversation. Witness tendered the recording, a pen drive marked Exhibit EK1 and EK3 (separate recordings on one drive) and Exhibit EK 2 itemized call record from MTN obtained by order of court. The alleged number is registered under the name Akwasi Appiah. Upon careful scrutiny the said contact 0244093084 actually recorded a call between it and 0249261280, both copiously recorded on both dates. The court with the assistance of its ITC department listened to the recoded conversation. At the time the court heard the recording, I had become very familiar with the voice of A1 from the tones of questions A1 subjected witnesses to under cross examination and his unwillingness toevenstop when directed. So how do we trace this contact to A1once more? I have no doubt that the caller was A1. Besides, when he called PW5 the next day, he introduced himself as “this is your boy Courage” and went on to demand of PW5 frantically to name his price to help him out of the case. The contact number used by the said Akwesi Appiah was at City of Ankaful at the time ofthe call. Upon a careful scrutiny I found that A1 had used the same contact in other transactions in exhibit C series beforethe court.I found himguilty oncount 11and convict himaccordingly. CONCLUSION A1 comes across to this court as a sociopath who lacks empathy. Someone who is cunning and manipulative in his criminal activities. He showed no remorse in his actions even in the face of overwhelming evidence against him. His attack on A2 27 heightened when A2 informed the court that A1 procured a poisonous substance at Ho prisons to eliminate him for exposing him. A2 said after investigation he was moved to another location. A1’s disrespect and posture to this court from his utterances; I overlooked. For A2 and A3, their participation in A1’s schemes are despicable and shameful to say the least. Though A2 claims he is unaware that the activities of A1 was to defraud, I do not believe hm. A pure afterthought made out of convenience and such turnonofnew greenleavesdono sway thecourt. Every piece ofevidence pointed to the fact that A1 had set up the online Travel and Tour business whilst in Ankaful Maximum Prison. This is so because the contact MTN No. 0597613463 used to advertise the Travel and Tour on Passion TV was 0597613463, is the same contact used together with DSP Mark Tawiah’s Email address to open the Ecobank online account in the name of Jerry Odoi into which the victims paid money, likewise used by A1 and A2 to either receive or sent money, copiously in Exhibit C series. This Jerry Odoi the prosecution has successfully proved to be A1 Courage Bani, who at all material times relevant to this trial was in the custody of authorities of Ankaful Maximum Prison. Therefore; I find the accused persons A1, A2, and A3, guilty and convict themonallthe charges. So, before the court pass sentence on the accused persons, I will give each accused opportunitytosay aword in mitigation, which I shallrecord, since they areprose. A1 – I like to appeal to the court to temper justice with mercy. It is said that to air is human and to forgive is divine so since the court has made a statement against me am pleading to the court to consider the time that I have spent in prison before this case ended. I was imprisoned for case of unlawful damage and have never before my imprisonment engaged in any fraudulent transactions. So I will like to plead to the court. I also want to apologize for my behavior and the day the court 28 was asking me questions and I refused to answer. To sum up am pleading to the courtand I apologize. A2– I will plead with you to temper justice with mercy on me. As I said earlier am not aware of the fraud. Thought it was a genuine thing until I heard it was fraud. I made attempt to report A1 but was silenced by the prison authorities. I went to prison because I guaranteed for someone who ran away with the car. I have six (6) children two of them completed BECE yesterday. If am imprison again don’t have anyoneto take care ofthem my family will reject me forever. A3 – Am pleading with the court to temper justice with mercy on me. I was sentence for defilement and sent to prison and in prison I did not have any one to support me when I went to prison. Currently am sick. Am serving 15 years already Idon’t knowif will come outalive. The accused persons have put in words of mitigation for the court to deal leniently with them. I have considered their plea and the period spend in lawful custody in passing sentence of 15 years IHL on A1, on Counts 1 -10, 10 years IHL on A2 and A3 on Counts 1 – 10 due to the severity of the offence, and the amount involved is GHC189,000.00 of which nothing was retrieved. Sentences are however to run concurrently. A1 is further found guilty on Count 11 and convicted. He is sentenced to serve additional 2 years IHL. I further order accused persons to refund the monies involved inthe frauduponserving their sentences. And before my ink dries I like to thank PW5 and PW6 Detective Chief Inspector Everton Kwao and Detective Sargent Joshua Ali for rejecting every conceivable pressure, and attempt to succumb to appeals from the accused persons particularly 29 A1,and their families to receive bribes and destroy this case. Neither was myself and my escort spared from their evil schemes. And anyone who helped these unscrupulous individualsmust bow their headsin shame. I will proceed to grant the request of the learned Attorneys prayer amongst others to direct this judgment to the Hon. Minister of Interior and make recommendation to institute a thorough investigation into this case as a matter of urgency to determine thefollowing; 1. How mobile phones got into possession of the accused persons in Ankaful Maximum Prison Cape Coast under the supervision of Mr. Essiam (Assistant Commissioner of Ankaful Prision), Superintendent Harry Ewusi, and DSP Mark Tawiah and all other officials in charge of the Block D4 and cells where accused personswere accommodated at thetime under consideration. 2. That DSP Mark Tawiah should be exceptionally investigated as he is seen to have colluded and assisted A1 by granting him the permission to use his email address (dspmarktawiah@gmail.com) in opening the online Ecobank account No. 1441002568351 in the name of Jerry Odoi used by A1 in defrauding the victims. Clearly the said account was opened at the time A1 wasserving jailtermunder their watch. It is hoped that the outcome would curb this menace on going in the Prisons. I further recommend that in view of the attack and threat to A2 by A1, where he procured poisonous substance in attempt of poisoning A2 whilst in Ho prisons, the court directs that the convicts be kept far away from each other to avoid potential fights, and a congenial atmosphere to continue their fraudulent ventures of defrauding innocent victims. On the negative side for the victims, I wondered how gullible personalities such as nurses, businessmen, bankers, freelance Writers etc, could fall prey to such cheap 30 scam to nonentities like the accused persons. The craze of travelling through unapproved means always end up in misery. Therefore, court will not find pity with thecomplainant’sif nothing was retrieved. The general public must be educated that fake travel agencies have been established in our prisons and are into brisk fraudulent business activities with connivance with some unscrupulous officers. These advertisements are still running on all our local television stations and online across the country in deferent forms. Be warned that, the owners or operators of these businesses are mostly convicts being assisted by prisonofficials todefraud. I end these discussions with a quote from Ecclesiastes 12:13 – 14 of the Good Book, theBible which statesthat; “God will bring every deed into judgment, including every hidden thing, whether it isgoodor evil.” END (SGD.) H/L,CHARITY A.ASEM(MRS.) J. (JUSTICEOF THEHIGH COURT) LEGALREPRESENTATION FREDA SITSOFE AMEKE, (SA) WITH ANTHONY GHATTI, (ASA) AND ETSE SENYO AXAME, (ASA) LED BY ANDREWS DODZI ADUGU, (SSA) FOR THE REPUBLIC–PRESENT. 31 REFERENCES SECTION23(1) OFTHE CRIMINAL OFFENCESACT, (1960 ACT29) SECTION131OF THE CRIMINAL OFFENCESACT, (1960 ACT29) SECTION 18 & 239 OF THE CRIMINAL OFFENCES ACT, (1960 ACT 29) AS AMENDED BY SECTION 252(2) 2020,ACT1034. ARTICLE 19(2)(C)OF THE 1992CONSTITUTION SECTION13AND 15OFTHE EVIDENCE ACT1975(NRCD323) THE STATE V. BOAHENE(1963) 2GLR 554 STATE V. OTCHERE (1963)2GLR PAGE 463 STATE V. ANNAN (1965)GLR600 SECTION132OF THE CRIMINAL OFFENCESACT, (1960 ACT29). SECTION133(1) OFTHE CRIMINAL OFFENCESACT, (1960 ACT29) SECTION134OF THE CRIMINAL OFFENCESACT, (1960 ACT29) R. V HAMMERSON (1914) 10 CA APP/R 121 AND ADOPTED IN THE GHANAIAN CASEOF ASEIDUV. R (1968)GLR PAGE 1CA 32 *sea 33