NCA Gang Stops High Court Judge – Supreme Court Takes Over Trial

An Accra High Court (Commercial Division) has stayed proceedings in the case brought against Eugene Baffoe Bonnie, the former Board Chairman of the National Communications Authority, (NCA) and four others standing trial over an alleged $4m financial loss to the state.

The court, presided over by Justice Eric Kyei Baffour, held that it had no authority to interpret the portions of the 1992 constitution which had arisen in the trial.

In the view of the court the interpretation of the constitution was within the jurisdiction of the Supreme Court and “may stand in danger” adding that “…This squarely fall within the exclusive jurisdiction of the Supreme Court. The Applicants succeeds on this point.”

Justice Kyei Baffour contended that rival interpretations have been placed on the meaning and the extent of pre-trial disclosures.

The commercial court judge said the prosecution itself admits that a question of interpretation arises in respect of article 19(2)(e) in relation to whether prosecution must furnish them with police witness statements, summary of evidence and documents to be relied on by prosecution.

The court however wants the apex court to answer whether on a true and proper interpretation and/or construction of article 19(2)(e)(g) an accused person in a summary trial conducted in accordance with Part III of the Criminal and Other Offences Procedure Act, Act 30, was entitled to comprehensive pre-trial disclosures as the accused persons have argued.

Justice Kyei Baffour also wants the Court to show at what point prosecution should make the disclosures available to the accused person in view of the fact that summary trial may commence within 48 hours upon arrest and charges being proffered against the accused whether an accused in a summary trial was entitled to full disclosure of documents in the possession of prosecution that would not even be tendered by the prosecution as exhibits before a trial court.

The ruling follows an application by Defense lawyers seeking to compel the Attorney Generals Department to disclose to them all documents the prosecution intends to rely on throughout the trial as well as a comprehensive list of all prosecution witnesses.

The state has dragged William Tevie, former Chief Executive Officer, NCA; Nana Owusu Ensaw; Alhaji Salif Mimina Osman, former Deputy National Security Coordinator and George Derrek Oppong, a private businessman, and Director of IDL before the court facing 17 charges such as conspiracy to steal, stealing, using public office for profit, money laundering, among others.

According to the prosecution, the accused persons are being tried for allegedly causing financial loss to the State to the tune of $4 million under the guise of procuring a Cyber Surveillance System which they claimed were to be used for anti-terrorism activities in the country.

By: Jeffrey De-Graft Johnson/ thePublisher