[2012]DLCA4472 • April 19, 2012 • Court of Appeal
AKWASI OSEI ADJEI & ANOTHER vs. THE REPUBLIC
The appellants, former Minister of Foreign Affairs and Managing Director of National Investment Bank (NIB), were arraigned on eight counts including conspiracy and substantive charges related to alleged contraventions of the Public Procurement Act, 2003 (Act 663) and the Criminal Offences Act, 1960 (Act 29). The charges stemmed from the importation of 15,000 metric tons of rice from India, allegedly procured without following statutory procurement procedures. The trial court acquitted the appellants on six counts but called on them to open their defence on two counts alleging conspiracy and contravention of procurement laws.
read moreYAW APPAU, J.A. The first appellant herein was the Minister of Foreign Affairs, Regional Integration and NEPAD during the latter part of the Kuffuor administration while the 2nd appellant was the then Managing Director of the National Investment Bank Limited (NIB). On the 14th day of October 2009, the two of them were arraigned before the trial High Court on four counts of conspiracy charges and four counts of substantive charges all totaling eight (8); contrary to provisions in the Criminal Offences Act, 1960 [Act 29] and then the Public Procurement Act, 2003 [Act 663]. They were said to have conspired contrary to section 23 (1) of Act 29/60 to commit the crimes of: - i. Contravention of sections 92, 40, 41, 42 and 43 of the Public Procurement Act, 2003 [Act 663]; ii. Using public office for profit contrary to section 179C of the Criminal Offences Act, 1960 [Act 29]; iii. Stealing contrary to section 124 of the Criminal Offences Act, 1960 [Act 29] and iv. Willfully causing financ...