D-Day for NCA ‘Gang’

An Accra High Court presided over by Justice Eric Kyei Baffour has fixed the 12th of May 2020, as the date to deliver its judgement in the case of the Republic versus Eugene Baffoe-Bonnie and four others.

The trial of the five accused persons, Eugene Baffoe-Bonnie; the former Board Chair of the National Communication Authority (NCA), William Tetteh Tevie; former Director-General of the NCA; Nana Owusu Ensaw, a former board member; Alhaji Salifu Mimina Osman, a former Deputy National Security Coordinator, and a businessman, George Derek Oppong, begun on the 16th of January 2018 when the State called its first Prosecution Witness, the Director of Legal Administration at the National Communications Authority (NCA), Abena Awarkoa Asafo Adje, and ended today the 10th of March 2020 after the State led by the Director of Public Prosecution, (DPP) Yvonne Atakora Obuabisa, concluded her cross-examination of the 5th Accused person in the case, George Derek Oppong.

Prosecution Witnesses

The State in all called six (6) prosecution witnesses. They are the Director of Legal Administration at the National Communications Authority (NCA), Abena Awarkoa Asafo Adjei, Dr Isaac Yaw Ani, Deputy Director-General in charge of Management and Operations at the National Communications Authority (NCA), Henry Kanor, Deputy Director-General in charge of Technical Operations at the National Communications Authority (NCA), Colonel Michael Kwadwo Poku, Director of Operations at the National Security, Deputy National Security Coordinator, Duncan Opare, and Detective Chief Inspector Michael Nkrumah, investigator of the case.

Defence of Accused Persons

All the accused persons when they took turns to open their defence testified on their own and none of them called any defence witnesses in support of their case.

The Court

Justice Eric Kyei Baffour’s Court after the DPP concluded her cross-examination of the 5th Accused person indicated in Court that “in effect brings us to the conclusion of this trial. I will instruct that you file your addresses simultaneously by the 20th of April 2020”.

“I will deliver my judgment on the 12th of May 2020” Justice Eric Kyei Baffour ruled.

Background

According to the facts of the case as presented by the A-G, Baffoe-Bonnie, Tevie, Ensaw and Osman were allegedly aided by Oppong to engage in the criminal act. It said the previous administration had contracted an Israeli company, NSO Group Technology Limited, to supply listening equipment at a cost of $6 million to enable the authorities to monitor conversations of persons suspected to be engaged in terror activities.

A local agent, Infraloks Development Limited, Charged $2 million to facilitate the transaction, bringing the total sum to $8 million. The facts explained that the National Security did not have the money to fund the transaction and for that reason, the NCA, which had supervisory jurisdiction over the use of such equipment, was asked to fund the project.

It said $4 million was withdrawn from the NCA’s account, while $1 million out of the withdrawn amount was deposited into the account of the Israeli company. The A-G explained that the remaining $3 million was lodged in the account of Oppong, who acted as a representative of the local agents, Infraloks Development Ltd.

The state closed its case against the accused persons on the 18th of April 2019, following which the accused persons chose to exercise their rights under section 173 of Criminal and Other Offences Procedure Act (Act 30) to file ‘Submissions of No Case.