THE REPUBLIC vs PHILIP ASSIBIT AND ABUGA PELE

The National Youth Employment Program (NYEP), later Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA), was established to provide job opportunities to unemployed youth. Abuga Pele was appointed National Coordinator of NYEP in 2009. Philip Assibit (A1) represented Goodwill International Group (GIG) and claimed to be a consultant to the Management Development and Productivity Institute (MDPI). A1 falsely represented that he secured World Bank funding of $65 million for the Youth Enterprise Development Program (YEDP), recruited 250 youth, and developed exit programs. Abuga Pele (A2) supported these claims and approved payments totaling over GH¢3.3 million to A1. Investigations revealed these representations were false and no such World Bank funding was secured. The accused persons were charged with defrauding by false pretences, abetment, misapplication of public property, and causing financial loss to the state.

JUDGMENT INTRODUCTORY COMMENT The accused persons were first arraigned before this Court on the 24th of January, 2014 per a charge sheet filed on the 22nd of January, 2014. That charge sheet was substituted with one filed on the 11th of February, 2014. The hearing commenced on the 11th of February, 2014. The Prosecution in putting up their case during this trial, called seven (7) witnesses. At the end of the prosecution’s case, both counsel for the accused persons indicated their intention to make submissions of no case and they were afforded the opportunity to do so. This court ruled on the 19th of June, 2015, that there was a case to answer on the part of both accused persons. Dissatisfied with the decision of this court directing them to answer to the charges, both accused persons appealed the decision. They also filed an application for stay of the proceedings in this court at the Court of Appeal on the 3rd of July, 2015 pending the determination of the appeal which stall.....