THE REPUBLIC V. CLEMENT NARTEY & ANOR
(2016) JELR 107114 (HC)
High Court
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FT/0004/2015
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28 Nov 2016
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Ghana
Coram
AFIA SERWA ASARE-BOTWE (MRS.)
Appearances
MS. DORM FIADZOE FOR THE REPUBLIC PRESENT AND ROBERT APAYA FOR THE NATIONAL COMMUNICATION AUTHORITY
MR. ELLIS QUARSHIGAH FOR THE ACCUSED PERSONS PRESENT
Judgement
<p> </p><p> </p><p>JUDGMENT </p><p>The accused persons are charged with the following offences; </p><p>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) </p><p> </p><p>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). </p><p> </p><p>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). </p><p> </p><p>FACTS </p><p>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…</p>