The case involving four former board members of National Communications Authority (NCA) and a businessman has once again been sent to the Supreme Court.
Lawyer for Dr. Nana Owusu Ensaw has filed an application for certiorari praying the apex court to quash the decision of the trial judge who ordered his client to open his defence.
This was after the judge found that the prosecution had been able to establish a prima facie case against him and the others.
This is the third time the case has been sent to the Supreme Court challenging the decision of Justice Eric Kyei Baffuor, the presiding judge.
Trial
Some former NCA board members — Eugene Baffoe-Bonnie, William Tetteh-Tevie, Dr. Nana Owusu Ensaw, Alhaji Salifu Mimina Osman and businessman George Dereck Oppong — are before an Accra High Court charged with causing financial loss to the state, among other charges, in the purchase of Pegasus equipment.
The accused persons are facing a total of 17 charges including money laundering.
The prosecution led by Director of Public Prosecutions (DPP), Yvonne Atakora- Obuobisa, closed its case on April 18, 2019 after calling six witnesses to prove its case.
Applications
The accused persons opted not to open their defence but rather filed a submission of no case to answer, saying the prosecution had not proved its case beyond reasonable doubt to warrant the accused persons opening their defences.
The presiding judge, in his ruling, dismissed the applications and ordered the accused persons to open their defence on May 30, 2019.
The five then filed numerous appeals challenging the decision of the court to dismiss their submission of no case.
They also filed for a stay of proceeding pending the determination of the appeal but all the applications were dismissed.
They then went to the Court of Appeal seeking an order to stay the trial but those applications were equally dismissed and they were ordered to return to the trial court to open the defence.
Lawyer for Baffoe-Bonnie then filed a fresh application praying the court to stay its proceedings pending an appeal of its ruling saying their earlier application was in respect of the admission of his client’s ‘confession statement’.
The application was also dismissed and Justice Kyei Baffour expressly told the lawyers to stop “prostituting with legal processes” by filing the “numerous frivolous and vexatious” applications.
New Motion
The latest application at the Supreme Court is seeking an order for certiorari to quash the decision of the trial court to call on Dr. Nana Ensaw to open his defence on two charges of conspiracy to steal and money laundering.
The lawyer, Johnson Normesinu, subsequently prayed the court to stay its proceedings pending the determination of the certiorari application since his client was charged for allegedly conspiring with the others to steal.
The Director of Public Prosecutions, Yvonne Atakora-Obuobisa, stated that she would have preferred the case continued but since the accused person was facing a conspiracy charge, she would leave the decision to the discretion of the judge.
Justice Kyei Baffuor subsequently adjourned the matter to November 12, 2019 pending the determination of the application slated for October 29.
Dizziness
Earlier, Mr. Baffoe-Bonnie could not continue with his defence which was slated for today.
The former NCA Board Chairman had at the tail end of last legal year opened his defence but could not continue as his lawyer prayed the court to give them some time “to put their house in order”.
Appearing before the court yesterday, his lawyer, Abu Juan, who prayed for an adjournment again, saying Mr. Baffoe-Bonnie was suffering a “running stomach” and “feeling dizzy” as well hence could not stay in the witness box.
He prayed for an adjournment to enable his client to seek medical attention.
The DPP did not oppose the prayer and the presiding judge granted it.
Source: Daily Guide
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This case will take 10 years to prosecute trust me.
Those money squandering scoundrels are as guilty as sin and are just using technicalities to delay the process. They would soon realise their f.o.l.l.y and find themselves in a gated community at Nsawam. These are the reasons why some people take the law into their own hands and deal with criminals. There is every proof that they have taken the monies yet the court is being lenient with them. Please if they will not open their defence, just go ahead and jail them. After all silence means consent.
Delay tactics will never stop prosecution! in an Akan proverb it reads "sotro a 3ben wo y3 gye no ntem" if even it takes 10 years to deal with the case it will never kill it and if proven guilty they will as well go to jail even if in a wheel chair!if you think ndc is coming in 2020 then you doing your clients more harm than good because ndc party will struggle 40 years in opposition let your leaders and communication members with loud mouths deceive you nothing is working on your favour ! On what are Ghanaians deciding for the ndc? no policies and visions, no dreams, no programs nothing except giving monies to A-Plus,Kelvin Taylor, Kweku Smart etc to insult on social media for the ndc and john mahama and how does that bring votes? which serious political party hire people to insult opponents when the opponents are in power and rolling down good interventions to help the people! ndc is toast and it is about time you people allow the prosecution to continue and you know your fate than this nons*ensical delay tactics.