Appeal Court to decide on Osei-Adjei's case

February 16, 2012 (Page 3 Lead)

THE Court of Appeal will, on April 19, 2012, decide the fate of a former Minister of Foreign Affairs, Akwasi Osei-Adjei, who has appealed against the Fast Track High Court's order directing him to open his defence on charges of conspiracy and contravening the Public Procurement Act (PPA) in the importation of rice from India.
The Court of Appeal will on that day pronounce its decision as to whether or not to uphold Osei-Adjei’s appeal praying the court to reverse the lower court’s ruling or set aside part of the lower court’s ruling that he has a case to answer on two counts of conspiracy and contravening the PPA.
It fixed the date after the prosecution and defence teams had announced that they were relying on their written submissions.
Mr Godfred Yeboah Dame, counsel for Osei-Adjei, however, raised a point of law and stated that the prosecution relied mostly on a repealed law to oppose his client’s appeal.
On February 25, 2011, the Financial Division of the Fast Track High Court acquitted and discharged Mr 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 Osei-Adjei and Gyimah to open their defence on charges of conspiracy and contravening the PPA in the importation of rice from India.
A notice of appeal filed on March 18, 2011 is also praying the Court of Appeal to stay proceedings at the Financial Court until the final determination of the appeal.
Osei-Adjei is praying the court to set aside the ruling of the lower court and give consequential orders acquitting and discharging him on the two counts.
The grounds of appeal state, among others, that the trial judge placed weight on irrelevant evidence and disregarded the overwhelming evidence of all the prosecution witnesses that there had been no use of public funds as defined by the PPA.
According to the appellant, the trial judge also disregarded the evidence of the prosecution that the NIB was not a procurement entity which was required to apply the PPA.
Meanwhile, the lower court has stayed proceedings in the substantive case.
In its ruling on a “submission of no case” filed on behalf of the accused persons, the lower 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 conspired to steal, but directed the two to open their defence on two counts of conspiracy and contravening the PPA.
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.
The prosecution called 17 witnesses and closed its case on November 30, 2010. The trial began in October 2009.