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THE REPUBLIC v. CLEMENT NARTEY & Anor

(2016) JELR 107114 (HC)

High Court  •  FT/0004/2015  •  28 Nov 2016  •  Ghana

Coram
AFIA SERWA ASARE-BOTWE (MRS.)

Judgement

JUDGMENT

The accused persons are charged with the following offences;

1. Count One: Providing electronic communication service without license contrary to section 3(1) and section 73(1)(a) ,(c)of the Electronic Communications Act, 2008 (Act 775)

2. Count two: Being in possession, without lawful excuse, of devices designed or adapted for the purpose of committing an offence contrary to section 135 of the Electronic Transactions Act, 2008 (Act 772).

3. Count Three: Knowingly obstructing and interfering with the sending, transmission, delivery and reception of communication contrary to section 73(1) (e) of the Electronic Communications Act, 2008 (Act 775).

FACTS

The facts of the case as presented to the Court are that on the 21st of March, 2015, an Anti-Fraud Telecom Task Force consisting of personnel from the Police, National Communication Authority and telecommunication service providers with the assistance of a SIM box detecting device traced the two accused persons to a shop a…

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