Osei-Adjei, Gyimah freed on 6 counts • But to open defence on two counts

February 26, 2011 (Front Page)

THE Financial Division of the Accra Fast Track High Court, yesterday acquitted and discharged a former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, on six counts of conspiracy, wilfully causing financial loss to the state, use of public office for profit and stealing.
Also acquitted was the former Managing Director of the National Investment Bank (NIB), Mr Charles Daniel Gyimah, who faced similar charges with the former minister.
The court, presided over by Mr Justice Bright Mensah, however, ordered the accused persons to open their defence on charges of conspiracy and contravening the Public Procurement Act in the importation of rice from India.
The court was of the view that the prosecution had failed to lead evidence to prove that Osei-Adjei and Gyimah wilfully caused financial loss to the state by allegedly acting together to steal 2,997 bags of rice valued at US$1,408,590.
It also upheld the defence team’s argument that the prosecution also failed to prove that the accused persons used public office for profit, as well as conspiring to steal.
Osei-Adjei and Gyimah have pleaded not guilty to the charges levelled against them and have been admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
Giving its ruling on a “submission of no case” filed on behalf of the accused persons by their lawyers, the court held that the prosecution was able to prove a prima facie case against the accused persons with regard to the two counts of conspiracy to contravene the Procurement Act and contravening the Procurement Act.
The court held that after thoroughly considering arguments canvassed by the prosecution and the defence teams and having applied the principles and evidence on record, the prosecution was unable to establish a prima facie case on all counts except counts one and two.
Following the court’s directive, the two are expected to answer questions on how and why between April, 2008 and February, 2009, they agreed with Amira Foods Limited in India to procure 300,000 bags of rice for and on behalf of the Ghana Government without following procedures thereby contravening the provisions of the Public Procurement Act, 2003 (Act 663).
According to the court, it needed answers from Osei-Adjei with regard to the circumstances under which he authorised the then High Commissioner to India to sign the contract for the procurement of the rice.
It further pointed out that Gyimah was also expected to answer questions on the prosecution’s evidence that the Board of Directors of the NIB did not authorise Gyimah to procure the rice.
Mr Justice Mensah extensively cited authorities to buttress a legal point that the fact that an accused person was directed to open his/her defence did not mean that person was guilty of any offence.
The trial judge commended the prosecution and defence teams for exhibiting a high sense of maturity, professionalism and co-operation so far.
Counsel for Osei-Adjei, Mr Godfred Yeboah Dame, indicated that it was likely he would appeal the decision of the court prompting the trial judge to remind him it was the right of his client to go to the Court of Appeal.
The prosecution called 17 witnesses and closed its case on November 30, 2010.
Hearing continues on March 25, 2011 in the trial which began in October, 2009.