NCA ‘Gang’ Runs For Cover!

Drama unfolded at the Commercial High Court in Accra yesterday when the two persons accused of causing financial loss to the state in the National Communications Authority (NCA), trial parried the invitation by the court to open their defense in the matter.

While Abu Juan, lawyer for NCA Board Chairman, Eugene Baffoe-Bonnie wants the court to give his client seven days to prepare, Godwin Edudzie Tamakloe lawyer for William Mathew Tetteh Tevie, a former Director-General of the NCA asked for two days.

This follows the dismissal of four separate submission of no case applications at the court and the Court of Appeal filed by the respective lawyers of the accused persons to avert the invitation by the court for the accused persons to open their defense.

Others

Mr. Baffoe-Bonnie, together with other ex-board members- Tetteh Tevie, a former Director-General of the NCA; Nana Owusu Ensaw, Alhaji Salifu Mimina Osman, a former National Security Coordinator, as well as private businessman George Derek Oppong, Director of Infraloks Development Limited, have been accused of conspiracy and causing financial loss to the state.

The five accused persons are also facing 16 other charges, including conspiracy to steal, stealing, using public office for profit, money laundering, among others.

Delay Tactics

In court yesterday, Abu Juan urged the court to give his client some days to prepare to open his defense, a position the trial Judge Justice Eric Kyei-Baffour did not take kindly,

He wondered why the lawyer had filed for stay of proceedings at the Court of Appeal which was dismissed and yet returns to the same court which gave the original orders for a favour.

He said the posturing of the lawyer was just intended to unduly delay the trial.

“Notwithstanding how hopeless their application I have just dismissed, I grant the application, accordingly, I will invite second accused person to open his defense” Justice Kyei-Baffour stated.

But the judge was yet to be hit by another excuse set to halt the trial.

This time around, Mr. Tamakloe wants two days for his client in his words “to put his house in order.”

In granting the request after a long back and forth the judge warned the lawyers to be serious in their quest to defend their clients in the matter adding that the other accused persons must be prepared to open their defense in the event that Tetteh Tevie fails to so tomorrow July 4, 2019.

He noted that “as I sit here, I exercise the powers of the state and no one must underestimate it even as you defense your clients…”

Early on, the judge had dismissed another application filed on June 28, 2019 by Mr. Baffoe-Bonnie to stay proceedings.

The court held that the motion was an abuse of the court process insisting that “this is a manifest attempt to unduly delay the trial. The reasons are best known by the applicant and his lawyer.”

Justice Kyei-Baffour continued: “As to whether or not the prosecution did not file an affidavit in opposition is completely misplaced. The fact that there is no affidavit in opposition does not mean the application should be granted.”

He stated “looking at the frivolous nature, it would have been a total waste [for the AG to respond]. If this were a civil trial, cost would have been awarded.”

Sitting continues tomorrow.