Republic Vrs Elizabeth Arthur Adjei @ Maa Lizzy & 3 Ors [2022] GHACC 277 (26 October 2022)

Republic Vrs Elizabeth Arthur Adjei @ Maa Lizzy & 3 Ors [2022] GHACC 277 (26 October 2022)

The court found that the accused persons, through a series of false representations and fraudulent conduct, induced the complainant and his wife to part with their child and money under the pretense of facilitating travel abroad, but instead arranged for the adoption of the child without proper and informed consent. The evidence established conspiracy, defrauding by false pretenses, and abetment of crime beyond reasonable doubt. The accused persons' defenses were rejected as not reasonably probable.

Citation
[2022] GHACC 277
Parties
Prosecution: The Republic; 1st Accused: Elizabeth Arthur Adjei (aka Maa Lizzy); 2nd Accused: Daniel Opare Asiedu; 3rd Accused: Emmanuel Kofi Dadzie; 4th Accused: Prince Armah (aka Paa Kwesi); Complainant: Benjamin Kofi Okyere
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
26 October 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Conspiracy, Defrauding by False Pretenses, Abetment of Crime, Adoption Fraud, Consent in Adoption, Jurisdiction in Adoption Proceedings
Source Language
English
Criminal Law Family Law Child Protection Conspiracy Defrauding by False Pretenses Abetment of Crime Adoption Fraud Consent in Adoption +1 more

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Parties

The Republic

Prosecution

Elizabeth Arthur Adjei (aka Maa Lizzy)

1st Accused

Daniel Opare Asiedu

2nd Accused

Emmanuel Kofi Dadzie

3rd Accused

Prince Armah (aka Paa Kwesi)

4th Accused

Benjamin Kofi Okyere

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to defraud the complainant by false pretenses
  2. 2 Whether the accused persons defrauded the complainant by false pretenses
  3. 3 Whether the 2nd accused abetted the commission of the crime

Ratio Decidendi

The court found that the accused persons, through a series of false representations and fraudulent conduct, induced the complainant and his wife to part with their child and money under the pretense of facilitating travel abroad, but instead arranged for the adoption of the child without proper and informed consent. The evidence established conspiracy, defrauding by false pretenses, and abetment of crime beyond reasonable doubt. The accused persons' defenses were rejected as not reasonably probable.

Court Disposition

conviction and sentence

Orders

  • 1st accused (A1) convicted of conspiracy and defrauding by false pretenses; sentenced to 36 months’ imprisonment on each count, to run concurrently, and a fine of 500 penalty units or 18 months’ imprisonment in default.
  • 2nd accused (A2) convicted of abetment of crime; sentenced to 36 months’ imprisonment and a fine of 1,000 penalty units or 24 months’ imprisonment in default.