Driver remanded for breaking into lawyer’s chambers and stealing GH¢750,000

An Accra Circuit Court has remanded a driver, Theophilus Terkpernor, into lawful custody following allegations of breaking into a lawyer’s chambers, causing unlawful damage, and stealing a substantial sum of GH¢750,000. This incident highlights critical issues concerning office security, employee trust, and the robust application of Ghana’s criminal justice system, particularly under the Criminal Offences Act, 1960 (Act 29) and the Criminal Procedure Code, 1960 (Act 30). The case underscores the vulnerability of legal professionals to internal threats and the significant financial implications of such breaches, prompting a re-evaluation of security protocols within law firms.

The recent remand of a driver, Theophilus Terkpernor, by an Accra Circuit Court for allegedly breaking into a lawyer’s chambers and stealing GH¢750,000 has sent ripples through Ghana’s legal community. This high-value theft, coupled with charges of unlawful entry and causing unlawful damage, not only represents a significant financial loss but also raises profound questions about the security of legal practitioners' offices and the integrity of those entrusted with access to them. The accused, who was employed as the complainant’s driver, is alleged to have meticulously planned the act, including disabling the firm’s CCTV system by cutting electrical cables.

This incident is particularly pertinent for practising attorneys and legal professionals, as it underscores the inherent risks associated with handling large sums of money or sensitive documents within their premises. The case, currently before the Accra Circuit Court, will test the application of key provisions of Ghana's criminal law, specifically concerning theft and unlawful entry. It also serves as a stark reminder for law firms to review and fortify their internal security measures and employee vetting processes to safeguard assets and maintain client confidentiality.

The legal framework governing the alleged offences in Ghana is primarily found in the Criminal Offences Act, 1960 (Act 29) and the Criminal Procedure Code, 1960 (Act 30). Stealing, as defined under Section 125 of Act 29, involves the dishonest appropriation of property belonging to another person with the intent to permanently deprive the owner of it. The act of breaking into premises to commit a crime falls under unlawful entry, as stipulated in Section 152 of Act 29, which prohibits entering a place without the consent of the person in possession or without lawful authority. Causing unlawful damage, another charge against the accused, is covered by Section 172 of Act 29.

The Circuit Court, where this case is being heard, is established under the Courts Act, 1993 (Act 459). It possesses original jurisdiction in most criminal matters, excluding high treason, treason, offences triable on indictment, and those punishable by death. This jurisdiction makes the Circuit Court the appropriate forum for prosecuting offences such as stealing and unlawful entry, irrespective of the high value involved in this particular case. The remand into lawful custody, as ordered by the court, is a procedural step under the Criminal Procedure Code, 1960 (Act 30), allowing for the detention of an accused person while investigations continue or pending trial, subject to periodic review.

The charges against Theophilus Terkpernor—unlawful entry, causing unlawful damage, and stealing—require the prosecution to prove specific elements. For unlawful entry under Section 152 of Act 29, it must be shown that the accused entered the lawyer's office without consent and without lawful authority. The act of cutting electrical cables and breaking door locks, as alleged, would serve as strong evidence of both unlawful entry and causing unlawful damage. The stealing charge, under Section 124 of Act 29, necessitates proof of dishonest appropriation of the GH¢750,000 with the intent to permanently deprive the lawyer of the money. The recovery of a portion of the stolen funds (GH¢277,700) and the accused's confession to stealing GH¢330,000 during investigations will be crucial pieces of evidence for the prosecution.

The Circuit Court's decision to remand Terkpernor reflects the gravity of the alleged offences and the need to ensure his presence for trial, prevent interference with investigations, or deter further offences, as permitted under Section 96(5) of the Criminal Procedure Code, 1960 (Act 30). While bail is a constitutional right in Ghana, it can be denied under specific circumstances, particularly where there is a risk of the accused absconding or tampering with evidence. The high value of the stolen amount, GH¢750,000, places this case in a serious category, potentially influencing the court's assessment of bail conditions, although all offences are generally bailable following the Supreme Court's ruling in *Kpebu v Attorney General*.

This case bears similarities to *The Republic v Linda Teiko Teye*, where a cleaner was convicted by an Accra Circuit Court for unlawful entry and stealing US$5,000 from a lawyer's chambers, also under Sections 152 and 124(1) of Act 29. This precedent demonstrates the courts' readiness to apply these provisions rigorously in cases involving theft from legal offices. The current case, however, involves a significantly higher amount and an alleged disabling of security systems, suggesting a higher degree of premeditation and sophistication, which may lead to a more severe sentencing if convicted. The fact that the accused was an employee also adds a layer of breach of trust, which courts often consider an aggravating factor.

The ongoing prosecution of Theophilus Terkpernor serves as a critical reminder for legal practitioners in Ghana regarding the imperative of robust security measures and diligent employee vetting. The alleged breach of trust by an employee, coupled with the substantial financial loss, highlights vulnerabilities that law firms must address proactively. Practitioners should consider implementing enhanced background checks, regular audits of financial handling procedures, and advanced physical and digital security systems, including resilient CCTV infrastructure that is not easily compromised.

As this case progresses, the legal community will be closely watching the court's handling of the evidence, particularly the recovered funds and the accused's confession, and the eventual sentencing. The outcome will undoubtedly contribute to the jurisprudence on theft and unlawful entry in Ghana and may influence future approaches to security within professional service firms. It is a call to action for all legal professionals to reinforce their defences against both external and internal threats to protect their assets, client interests, and the reputation of the legal profession.