The Tamale High Court has sentenced the Assembly member for Teshei Electoral Area in the Bawku West District of the Upper East Region, Patrick Ayaba, with a fine of five thousand penalty units.
The Court, Presided over by His Lordship Justice Daniel Kwaku Obeng in his statement said, in default Mr. Ayaba would serve 5 years imprisonment in hard labour.
The complainant, Abdulai Sita, reported Mr. Ayaba who is the accused to the police in Bole on December 11, 2016 for stealing and selling his sand (gold by-product) at a small scale mining site at Wasepe in the Bole District worth GH¢400,000.00.
The case, which was initially sent to the Bole District Court, was later transferred to the Tamale Circuit Court.
According to documents sighted by Savannahnews, the case was referred to the Attorney General’s Department which adviced that Mr. Ayaba is charged with stealing and arraigned before the Tamale Circuit Court.
The case was called at the Tamale Circuit Court on March 8, 2016 and the accused was granted bail in the sum of GH¢300,000.00 with one surety.
Counsel for the accused, Mr. John Ndebugri, represented him throughout the court proceedings until September 7, 2016 when judgement was given against him based on the fact that he failed to open his defence.
The Prosecutor, ASP Seidu Wemah, told Daily Guide in a publication dated Tuesday September 13, 2016, that the counsel for the accused asked him not to open his defence because the court rejected his submission for no case.
According to him, they were satisfied with the verdict since justice had been served the complainant.
|A Mining Site Somewhere in Ghana|
His Honour William Appiah Twumasi of the Tamale Circuit Court who presided over the case said in his ruling: “I therefore find the accused guilty of stealing the over (another name for gold by-product). Accused is sentenced to a fine of three hundred penalty units or in default 2 years in hard labour. Accused should refund the money realised from the sale of the over to the complainant....”.
Mr. Ayaba who was not satisfied with the judgement passed by the Tamale Circuit Court, appealed against it at the Appeals Court in Tamale. On February 15, 2017, His Lordship Justice Daniel Kwaku Obeng gave his ruling as follows: “Appeal against the decision from His Honour William Appiah Twumasi Esq. Circuit Court Judge, Tamale dated September 7, 2016 is dismissed. The Conviction of the appellant/respondent is affirmed. Accordingly, the sentence imposed on him by the Circuit Court is set aside and is substituted with a fine of 5000 penalty units in default serve 5 years imprisonment in hard labour”.
At the time of filing this report, Mr. Patrick Ayaba was in court again to face a civil action brought against him by Abdulai Sita.