NCA Gang Jailed 16yrs! …For $4M Financial Loss To The State

An Accra High Court yesterday handed a total of 16 year jail term to the three former members of the board of the National Communications Authority (NCA) for their respective roles in the purchase of cybersecurity equipment worth over $4 million.

A former board chair of the NCA, Eugene Baffoe-Bonnie was sentenced to six years imprisonment.

William Tetteh Tevie, a former Director-General of the NCA was also sentenced to five years imprisonment and Alhaji Salifu Mimina Osman, a former Deputy National Security Coordinator was sentenced to five years imprisonment.

Charges

William Tevie and Alhaji Osman were found guilty on the charges of conspiracy to willfully causing financial loss to the state, contravention of the Public Procurement Act and intentionally misapplying public property.

However, they were acquitted and discharged on charges of stealing, conspiracy to steal and using public office for personal benefits.

A businessman, Derrick Oppong was however acquitted and discharged on all charges against him.

Also another accused person, Nana Owusu Ensaw was acquitted and discharged by the court of appeal before yesterday’s judgment.

The judge, Justice Kyei Baffour further ordered the Attorney-General to seize assets of the convicts amounting to the tune of three million dollars.

This is the first corruption case that was filed by the NPP government when it assumed power in 2017.

Prosecution led by the state from January 16, 2018, called six witnesses to make a case against the accused persons namely, Eugene Baffoe-Bonnie, William Tetteh Tevie, former Director-General of the NCA; Nana Owusu Ensaw, a former board member; Salifu Mimina Osman, a former Deputy National Security Coordinator and George Derrick Oppong.

The prosecution in making their case called six witnesses namely, Abena Asarfo Adjei, Director of Legal Affairs at NCA; Dr. Isaac Yaw Ani, Deputy Director-General in-charge of management and Operations; Colonel Michael Kwadwo Poku, Director of Operations at National Security Secretariat; Duncan Opare, Deputy National Security Coordinator and Detective Chief Inspector Michael Nkrumah, the investigator of the case.

The accused led by their respective counsel opened their defence and did not call any defence witnesses.

Defence

The accused persons opened their defence and denied all the charges levelled against them, insisting that the equipment was purchased for the NSCS as requested.

They also denied the charge of benefitting from the purchase of the equipment.

Alhaji Osman’s testimony was, however, heard in camera.

Sentence

In sentencing the three, the judge noted that US$4 Million of Ghana’s money has been wasted with only US$1 Million recovered on what they claimed was an equipment to fight crime at a time when popular protest from the media and Ghanaians have compelled Parliament to shelve the Interception of Postal Packets and Telecommunications Messages Bill, also referred to as the Spy Bill, on the basis that it had the capacity to invade the private space of citizens. The intendment of that law was for the noble act of fighting terrorism and organised crime and the impunity and recklessness with which the convicts acted by acting in a manner as if whether there were laws or no laws they care less and purchased such an equipment. There is no indication that it has ever been of use to this nation having been parked and forgotten in a private residence.

The court further held that as persons who were in positions of trust they completely failed in the discharge of their duties adding that In that circumstance, an exemplary and deterrent punishment is necessary to send the right signals to public office holders that if they fail to be good custodians of the resources of the nation, they would not be left off the hook by the law. Eugene has been found to have personally benefitted from the transaction in a whopping sum of US$200,000. In passing sentence the role played and the benefit that personally accrued to each must be made to reflect in the sentence.

Justice Kyei-Baffour said Just as hard won personal resources are usually not wasted by level headed persons, so do the citizens of this nation expect their taxes not to be thrown away by public officials placed in a position of trust

Background

According to the facts of the case as presented by the Attorney-General, Baffoe-Bonnie, Tevie, Ensaw and Osman were allegedly aided by Oppong to engage in the criminal act.

It said the previous National Democratic Congress administration had contracted an Israeli company, NSO Group Technology Limited, to supply a piece of eavesdropping equipment at a cost of $6 million to enable the authority to monitor conversations of persons suspected to be engaged in terror activities.

A local agent, Infraloks Development Limited, allegedly 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 Attorney-General 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 the Criminal and Other Offences Procedure Act (Act 30) to file ‘Submissions of No Case.’