EVANS ASIEDU AIKINS AND 2 OTHERS
V.
THE REPUBLIC

JUDGEMENT

TORKORNOO, J. A

The appellants were charged with conspiracy to steal and stealing contrary to sections 23 (1) and 124 and section 124 (1) respectively of the Criminal and Other Offences Act 1960, Act 29. The 1^st appellant is a director of a company called No One Can Know Ltd, also called Evadox Ltd. Both 1^st and 2^nd Appellants are directors in Virtue Enterprises Ltd. The 2^nd Appellant is the son of the 1^st Appellant. No One Can Know Ltd/Evadox Limited has accounts with the Nsawam branch of Barclays Bank while Virtue Enterprises Ltd. has an account with Ghana Commercial Bank in Akim Oda and Nsawam. The 3^rd appellant is a Data Capturing Officer with the Akim Oda Branch of Barclays Bank.

Barclays Bank granted certain facilities to No One Can Know Ltd./Evadox Ltd which allowed cheques paid to the company to be treated as bank drafts over which the company had immediate access and value, even before the cheques are cleared. This facility was up to GH2,500,000.00.

On 3^rd January 2008,…