Case of Asamoah-Boateng and 7 others - Court to rule on stay proceedings July 19

June 12, 2012 (Page 20) THE Court of Appeal will on July 19, 2012 decide whether or not to stay proceedings in a criminal matter brought against a former Minister of Information and National Orientation, Mr. Stephen Asamoah-Boateng and seven others over award of contract for renovation works at the ministry. Counsel for two of the accused persons, Mr. Augustines Obour, filed an application for stay of proceedings pending the outcome of an appeal he filed against the Fast Track High Court’s ruling that the law mandated Chief State Attorneys to retire at age 65. Asamoah-Boateng, his wife, Zuleika and seven others have been charged with conspiracy to defraud the State. Other accused persons are Kofi Asamoah-Boateng, former Director of Finance, Ministry of Information and National Orientation, Frank Agyekum, a Former Deputy Minister of Information and National Orientation, Dominic A. Y. Sampong, Former Acting Chief Director, Ministry of Information and National Orientation, Kwabena Denkyira, a Deputy Director of Finance and Administration of the Ministry, Prosper Arku of Supreme Procurement Agencies Limited and Yasmine Domua, a businesswoman. Also in court is Supreme Procurement Agencies Limited, an entity. The accused persons are alleged to have conspired to defraud the State of GHC86,915.85 in renovation works undertaken at the Ministerial Block of the Ministry during Asamoah-Boateng’s tenure in office. They have all pleaded not guilty and admitted to GHC10,000 bail each with a surety. Mr. Obour, who is the lawyer for Kofi Asamoah-Boateng and Sampong, had argued that the then prosecutor in the case, Mr. Anthony Gyambiby had no locus to continue prosecuting the case because he had attained the compulsory retirement age of 60 and for that reason, had no authorization to continue with the case. However, the Accra Fast Track High Court on April 30, 2012 dismissed the application and said the Legal Service Act pegged the retirement age of Chief State Attorneys at 65 and accordingly dismissed a motion which questioned the retirement age of a Chief State Attorney, Mr. Anthony Gymabiby, who was prosecuting a criminal case against a former Minister of Information and eight others. According to the court, Mr. Gyambiby, who has been nominated by the President as a Deputy Minister of Justice, will attain the compulsory retirement age on November 28, 2012 and not on November 28, 2007 as was argued by the applicants. The court, presided over by Mr. Justice Charles Quist, subsequently, declined to refer the matter to the Supreme Court for interpretation. Dissatisfied with the Fast Track High Court’s decision, Mr. Obour filed an appeal and subsequently filed an additional motion praying the court to stay proceedings in the criminal matter until the final determination of his clients appeal. In his application for stay of proceedings at the lower court, Mr. Obour said his appeal had a chance of success and for that reason, his clients would suffer irreparable loss if the Court of Appeal did not stay proceedings at the lower court. Meanwhile, the Fast Track High Court has adjourned hearing in the case to July 23, 2012. END.