REPUBLIC VRS YAKUBU (NR/TL/HC/CC7/1/23) [2024] GHAHC 337 (4 June 2024)

IN THE SUPERIOR COURTOF JUDICATURE IN THE HIGH COURT OF JUSTICE TAMALE, NORTHERN REGION CASE NO: NR/TL/HC/CC7/1/23 DELIVERED ON 4TH JUNE, 2024 THE REPUBLIC VRS ISSAH YAKUBU COUNSEL KOFI AKUAMOAH FOR THE REPUBLIC PRESENT. ASURO NAPARI FOR THE ACCUSED PERSON PRESENT. CORAM JUSTICE ERIC ANSAH ANKOMAH JUDGMENT Statement of Offence The accused person has been charged with the offence of defrauding by false pretence contrary to Section 131 of the Criminal Offences Act 1960, (Act 29). Particulars of Offence Issah Yakubu you on or about January 2022 at Tamale in the Northern Region and within the Jurisdiction of this Court, did with intent to defraud, obtain the consent of one Abdul Jamal to part with ownership of an amount of GHC 447.000.00 making false representation to the Sid Abdul Jamal that he will supply him with three (3) Honda Civic vehicles, two (2) Honda Accord, two (2) Corolla and one (1) Benz together with one (1) Camry Spider, one (1) Television and ten (10) matrasses if he gave the aforesaid amount to you which representation you knew to the false at the time making same yet intended that Abdul Jamal should rely on, and which representation Abdul Jamal relied on to his detriment. Facts of the Case The Complainant is a business man living in Tamale. The accused person is also a business man living in Kumasi but hails from Tamale. On or before January 2022, the Complainant was introduced to the accused by a mutual friend by name Abdul Razak Yakubu. During a conversation, the complainant and the accused discovered that they were in the same line of business of selling mobile phones and accessories. The accused told the complainant that he usually travel to Dubai to buy his phones and often use the opportunity to buy other merchandise such as vehicles, TV sets and mattresses for people who needed them. The accused assured the complainant that he could help him (the complainant) purchase goods from Dubai if he so wished and the complainant expressed interest in the arrangement. After the conversation, the complainant informed his friend about the opportunity he had gotten to purchase goods from Dubai through the accused. Five of the complainant friends expressed interest in also buying items including vehicles, TV sets and mattresses from Dubai through the accused. The complainant notified the accused and the accused asked the complainant to send a list of the goods he and his friends needed which the complainant did. After the receiving the list of items which were two (2) Honda Civic, two (2) Honda Accord, four (4) Corollas, one (1) Benz vehicle, one (1) LG TV and ten mattresses, the accused gave the cedi equivalent of the price of the items as GHC 322,000.00. The complainant informed his friends and they raised the amount and gave same to the complainant who then forwarded it to the accused through mobile money transfer and physical hand delivery. After receiving the money, the accused told complainant that the goods will be delivered in three (3) months. In few weeks later, the accused delivered six (6) keys to the complainant and told him that the vehicle and goods were on the High Seas to Ghana but the keys to the vehicles had been sent to him (the accused) by an agent through airline service and so he was giving them to the complainant to keep until the actual vehicles arrived. Some weeks after, the accused came to the complainant and informed him the goods had arrived and he needed the vehicles keys to go and clear the vehicles from the port. The accused also asked for port charges from three complainant which he said amounted to GHC125,000.00. The complainant gave the keys and money to the accused to clear the cars and pay the port charges and the accused went away. In total, the accused took GHC 447,000.00 from the complainant for the purpose of importing vehicle and goods as well as payment of port charges. The complainant waited for days but the accused never showed up with the cars. The complainant called the accused on phone to find out why he had not brought the vehicles and the accused assured complainant that he had finish clearing all the cars and goods and was even driving one of the cars as of the time of speaking to the complainant. The accused added that he will soon deliver all the vehicles and goods to the complainant. Complainant waited for months and made several calls to the accused mobile phone but the accused never showed up. In fact, the accused person later switched off his mobile phone. Complainant at this point realized that he had been defrauded by the accused and reported the case to RCID/Tamale on 2nd September, 2022. In the month of October 2022 RCID/Tamale received information that the accused had been arrested by Interpol in Burkina Faso on a different offence and had been brought to Ghana and remanded by a Circuit Court in Accra. On 20th December, 2022 the accused was discharged by the Accra Circuit Court and was arrested to Tamale. The accused admitted to the offence by defrauding by false pretence in his cautioned statement and after investigations, he was discharged with the offence and brought before this honorable Court for trial. Plea of Accused Person By Court: The accused person says he is changing his not guilty plea to guilty plea simpliciter. I have taken pains to explain the consequences of a guilty plea to the accused person and the orders that are likely to follow. Plea of accused person retaken. By accused: I am guilty to the charge of defrauding by false pretence. By Court: I hereby convict the accused person of the offence of defrauding by false pretence contrary to Section 131 of Act 29 (1960). Before I consider punishment let me hear plea of mitigation from Counsel of the accused person. Pleas of Mitigation: By Counsel for the accused person: The accused person has pleaded guilty to the offence. Part of the money involved in the matter has been refunded. Again, the Complainant has admitted in open Court that he received one of the televisions as promised and that made him to put in more money. We recognize that the offence is second degree felony of which the maximum sentence is 25 years under Section 296 (2) and (5) of Act 30/60 as amended. The convict is a young man and haven been to prison has thought him a lesson. I pray that the Court deal with him leniently to enable him make effort to refund the rest of the money to the Complainant. By the prosecution: I pray that in sentencing the convict the Court take due consideration of the circumstances surrounding the case. This is a convict who during the course of the trial was found to not have only hired the services of a bail merchant but also presented three medical reports from three different hospitals across different Regions in order to obtain bail. Despite the Court magnanimity in granting the convict bail he disappeared into thin air and caused the Republic of Ghana financial and human resource in having him rearrested. The convict has now changed his plea thinking that he might receive non custodial sentence. I pray that the sentence is fair to the complainant who has lost money in this case. By Court: I hereby sentence the convict to serve a prison term of 4 years I.H.L. In addition, the convict shall refund cash the sum of GHC 347,000.00 to the complaint or in default serve additional 3 years’ imprisonment. I hereby order the Registrar of this Court to release cash the sum of GHC 40,000.00 in addition to the GHC 60,000.00 that were paid by the convict into Court to the complainant in this case in the person of Abdulai Jamal. I accordingly order. SGN HIS LORDSHIP JUSTICE ERIC ANSAH ANKOMAH JUSTICE OF THE HIGH COURT TAMALE