What can I do if I lose money to a mobile money scam in Ghana?

Defrauding a person by a false pretence is a second degree felony (Criminal Offences Act, section 131). A person commits it if, by a false pretence or by pretending to be someone else, they get another person to agree to part with or transfer ownership of anything (section 132). A false pretence is a statement of fact the person knows is false, or does not believe is true, made with intent to defraud. It can be made in writing, by speech, by pretending to be someone else or by any other conduct (section 133). Where no other punishment is set, a second degree felony is punishable by imprisonment of up to ten years (Criminal and Other Offences (Procedure) Act, section 296(2)).

The Electronic Transactions Act applies these rules to fraud carried out electronically:

• The false pretence rules apply whether or not the statement was made through an electronic system (section 109), and the rules on stealing apply to things done using electronic systems (section 107).
• Using another person's personal or financial records, account numbers or electronic payment medium without authority in an electronic fund transfer to defraud, or fraudulently obtaining money, goods or services in that way, is an offence punishable by a fine of up to five thousand penalty units, imprisonment of up to ten years, or both (section 122).

The Act defines an electronic payment medium as any medium issued to a holder that can be used to make an electronic financial transaction (section 144). The holder is not liable to the issuer for loss caused by someone using the medium who is not acting as the holder's agent, unless the holder colluded (section 51(1)). The holder can still be made liable for use while the medium was out of the holder's possession, or by someone who got it with the holder's consent, but only if the issuer gave the holder contact details for reporting a loss, and never for use after the issuer has been given notice of the loss (section 51(2) and (3)).

The Cyber Security Authority runs a point of contact where members of the public can report cybersecurity incidents (Cybersecurity Act, section 48). On the Authority's application, a court can order that a person suspected of a crime in cyberspace be stopped from moving assets or withdrawing money from a bank or financial institution account (section 78).

• Contact your mobile money provider at once to report the loss. If you report by phone, confirm it in writing within fourteen clear days (Electronic Transactions Act, section 51(4)).
• Do not send more money, share your PIN or approve any further prompt.
• Keep the transaction IDs, the numbers that called or messaged you, screenshots and the times of each payment.
• Report the fraud to the police and to the Cyber Security Authority. Serious fraud can also be reported to the Economic and Organised Crime Office.

• Notice of loss given by phone must be confirmed in writing within fourteen clear days (Electronic Transactions Act, section 51(4)).
• For a court claim based on fraud, the limitation period does not start until you discovered the fraud, or could have discovered it with reasonable diligence (Limitation Act, section 22(1)). Claims founded on tort or simple contract must generally be brought within six years (section 4(1)).