Mallam Isa goes to Supreme Court
Accra (Greater Accra) 20 November 2001 - Mr Osafo Sampong, Director of Public Prosecutions (DPP), on Monday told the Fast Track Court that a "prima facie" case had been made against six accused persons, including two former Ministers of State, charged with conspiracy and wilfully causing financial loss to the state.
He said the prosecution called 21 witnesses and tendered several documents to ground the charges and urged the court to call on them to open their defence.
Mr Sampong was replying to submissions of "no case" by counsel for all the accused persons that the prosecution failed to give enough evidence for their clients to state their side of the case.
The DPP said the case for the prosecution was that between 1995 and 2000, the accused persons at various times, conspired and caused financial loss to the people of Ghana. He said it was up to the court to determine whether evidence on record was enough against them.
Those on trial are, Ibrahim Adam, former Minister of Food and Agriculture (MOFA), Kwame Peprah, former Finance Minister, Dr Samuel Dapaah, Dr George Yankey, Nana Ato Dadzie and Kwesi Ahwoi, all former senior public officials. They have pleaded not guilty and each of them is on a self-recognisance bail.
Mr Sampong said the arguments by the defence that " there was no sufficient evidence to show that the state incurred losses as a result of the acts of the accused persons in the Quality Grain Company is misguided and totally groundless".
He submitted that there was evidence that the government agreed to guarantee loans for the company to establish a rice project at Aveyime in the Volta Region.
The DPP said it was also on record that the government guaranteed an initial loan of seven million dollars for the project after an approval by Parliament.
Mr Sampong said thereafter, 15 million dollars were released to the company without parliamentary approval as required by law. He said the prosecution was not saying that the accused persons were guilty of the offences.
Rather, it has shown that the six persons', who were all senior public officials, "deliberate and reckless acts" caused financial loss to the detriment of tax-payers.
The DPP said he would demonstrate in subsequent submissions, the role each of the accused persons played in the commission of the offence. Hearing continues on Tuesday, November 20.
GRi…/
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Accra (Greater Accra) 20 November 2001 - Mallam Ali Yusuf Isa, former Minister of Youth and Sports, has declared his intention to challenge his conviction at the Supreme Court.
This followed a Notice of Appeal filed for him at the Supreme Court last Friday by Mr Ambrose Dery, his counsel, against the four-year jail sentence imposed on him by an Accra Fast Track Court (FTC) on July 20.
In a nine-point ground notice of appeal, Mr Dery argued that Mallam Isa's trial at the FTC was conducted in such a hasty manner that he was deprived of his fundamental human right to a fair trial.
Mr Dery further argued that the FTC's failure to stay proceedings to enable the Supreme Court to determine an appeal against the dismissal of a submission of "no case to answer" against client led to his guilt.
He said another example of the hasty manner in which the FTC held the trial was its refusal to grant his applications for necessary adjournments to enable him to facilitate the preparation of his defence.
Mr Dery also argued that Mallam Isa's right of appeal under the Constitution was held back by the high fees that characterise FTCs.
Counsel stated that the Court of Appeal (CA) erred in law because it not only failed to evaluate the relevant evidence on record but did not also determine whether the circumstantial evidence by the prosecution led irresistibly to his guilt.
GRi…/
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