THE REPUBLIC V FRIMPONG & 3 ORS (AR/AKP/CC/D1/01/2025) [2024] GHADC 543 (16 October 2024)

BEFOREHER HONOURNANA ADWOA SERWAA DUA-ADONTENGJUDGE SITTINGATAKROPONG CIRCUIT COURT ON 16TH OCTOBER, 2024. SUITNO: AR/AKP/CC/D1/01/2025 THEREPUBLIC VERSUS THOMAS KOFI FRIMPONG AND3OTHERS Accused Person(Selfrepresented) –Present D/I AlexAgbekpornufor theRepublic -Present FINALJUDGMENT CHARGES Thomas Kofi Frimpong: Age 75 security guard; A2, Jones Boateng, aged 44(Driver), A3, Atta Boateng (At Large), A4 Beatrice Boakye (At Large): for that you in the month of February, 2023 at Atwima Ntensere in the Ashanti Region and within the jurisdiction of this court, you did agree or acted together with common purpose to commit crime to wit; granting ofland without title. Thomas Kofi Frimpong: Age 75 security guard; A2, Jones Boateng, aged 44(Driver), A3, Atta Boateng (At Large), A4 Beatrice Boakye (At Large): for that you in the month of February, 2023 at Atwima Ntensere in the Ashanti Region and within the jurisdiction of this court, you purportedly made a grant of two building plots of land to one Felicia Adu-Gyimah the secretary of the retired Association of Catholic Women Kumasi ArchDiocese at the cost ofGH66,000.00whichyouhaveno title. PLEA The court explained to the Accused what the plea of Guilty, Not Guilty and Guilty with explanation were and the effect of each plea. Accused pleaded Guilty with explanation onthe charge ofgranting ofland without title. FACT Complainant Felicia Adu-Gyimah is a secretary of the retired Association of Catholic Women Arch Diocese. A1 Kofi Frimpong, A2 Jones Boateng, A3 Atta Boateng and A4 Beatrice Boakye are all family members and residents of Atwima Ntensere.A1 is the head of the family of the four accused persons whilst A4 is the mother of A2 and A3. Currently, A3 and A4 are at large. Somewhere in the month of February, 2023, the retired Association of Catholic Women Kumasi Arch Diocese decided to acquire a piece of land in the interest of the association. Somewhere in the same month, the complainant came across A1 and A3 who claimed they have two plots of land for sale and that the said plots are the bonafide property of A4. A1 and A3 led the members of the Association to A4 who also admitted that the plots are actually hers. A1, A3 and A4 then sold the plotsof land at the price of GH 66,000.00. The complainant informed some members of the Association and a part payment of GH 46,000.00 was made by the Association to the three accused persons, remaining a balance of GH 20,000.00 somewhere along the line, as the Association wanted to commence work on the building plots of land, it came to light that A1, A3 and A4 were not the rightful owners ofthe said plotsofland. The Association requestedfor therefund ofpaymentmade, but A1, A3 and A4 could not refund same. At this juncture, A2 came in and interceded on behalf of A1, A3 and A4 by relocating them to a new plots which he claimed to have a rightful title to A2 then relocated the Association and collected the remaining balance of GH 20,000.00 somewhere in the month of January,2024, the Association again visited the new site for inspection in order to commence work but only to be told again that the said plots of land question does not belong to a2. The Association connected A2 about the latest development but A2 could not do anything to rescue the situation but rather went into hiding. The complainant reported the case to police and as a result, A1 and A2 were arrested and cautioned to that effect. A1 and A2 in their respective investigation cautioned statements admitted having collected the amount captured in the charge sheet. Efforts are being made to arrest A3 and A4 as well to assist in investigation. CONVICTION ONOWN PLEA(COP) Explanation ofthe accused personinregard ofthe charges: I collected the money and gave it to A3. I am the head of family for the rest of the accused persons. A3 came to me with the complainant who was interested in buying land. I met with A3 and the complainant in the presence of others and the complainant gave me GH 40,000.00 which I handed to A3 because I told him it was his mother A4 who is farming on the land so she should have the money. I admit that I collected the money in thepresence ofthecomplainant and caried it but I toldA3 tohold it. By court: having heard the explanation of A1, he admits the offence and doesn’t put forward any defence. I therefore convict A1 on his own guilty pleas in respect of both count 1and count PRIOR CONVICTION My lady, the accused person has been admitted in the court for similar offence in the different cases awaiting sentencing. He is also being prosecuted before the district court forsimilar offence. PLEAOF MITIGATION I will pay. Itsbecause I’m the head of family, they do the transactions through me. I will bringthe money if I gettime. SENTENCE By court:A1 is sentenced to7years. H/H.NANA ADWOASERWAA DUA-ADONTENG (CIRCUIT COURT JUDGE)