REPUBLIC VRS IBRAHIM & 2 OTHERS (B18/145/23) [2024] GHADC 105 (23 January 2024)

REPUBLIC VRS IBRAHIM & 2 OTHERS (B18/145/23) [2024] GHADC 105 (23 January 2024)

The court found the prosecution proved beyond reasonable doubt that Shaibu Tanko Ibrahim conspired with Abdul Karim and Abdul Rahaman to defraud the complainant by false pretence. The accused's defence was rejected as fabrication, and the essential ingredients of conspiracy and defrauding by false pretence were established.

Citation
REPUBLIC VRS IBRAHIM & 2 OTHERS (B18/145/23) [2024] GHADC 105 (23 January 2024)
Parties
Prosecution: The Republic; Accused: Shaibu Tanko Ibrahim; Accused: Abdul Karim; Accused: Abdul Rahaman; Complainant: Abass Laminu Kadiri
Court
ghadc
Jurisdiction
Ghana
Judgment Date
23 January 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Conspiracy, Defrauding by False Pretence, Burden of Proof, Sentencing
Source Language
eng

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Parties

The Republic

Prosecution

Shaibu Tanko Ibrahim

Accused

Abdul Karim

Accused

Abdul Rahaman

Accused

Abass Laminu Kadiri

Complainant

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused conspired to commit defrauding by false pretence
  2. 2 Whether the accused defrauded the complainant by false pretence
  3. 3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt that Shaibu Tanko Ibrahim conspired with Abdul Karim and Abdul Rahaman to defraud the complainant by false pretence. The accused's defence was rejected as fabrication, and the essential ingredients of conspiracy and defrauding by false pretence were established.

Court Disposition

conviction

Orders

  • Shaibu Tanko Ibrahim convicted on both counts: conspiracy to commit crime to wit defrauding by false pretence and defrauding by false pretence.
  • Shaibu Tanko Ibrahim to pay a fine of 500 penalty units (GHS6,000.00) and serve a jail term of one month in default.