[2018]DLSC73 • June 7, 2018 • Supreme Court •
THE REPUBLIC vs. EUGENE BAFFOE-BONNIE WILLIAM MATHEW TETTEH TEVIE NANA OWUSU-ENSAW ALHAJI SALIFU MAMINA OSMAN GEORGE DEREK OPPONG
The case arose from criminal charges against five accused persons involving conspiracy, causing financial loss to the State, stealing, misuse of public office, contravention of procurement laws, money laundering, and misapplication of public funds involving approximately USD 4,000,000. The accused pleaded not guilty. The legal issue concerned the interpretation of Article 19(2)(e) and (g) of the 1992 Constitution regarding the right to fair trial and pretrial disclosure in summary trials.
read moreJ U D G M E N T ADINYIRA (MRS), JSC:- This case is a reference to the Supreme Court of a question relating to the interpretation of article19 (2) (e) and (g) of the 1992 Constitution, on 1st February, 2018, by the High Court, Coram Kyei Baffour J, pursuant to Article 130(2) of the Constitution. The case emanated from a criminal trial of the five accused person who are facing various charges ranging from conspiracy to causing financial loss to the State contrary to sections 23(1) and 179(A), willfully causing financial loss to the State contrary to section 179(A), conspiracy to steal contrary to sections 23(1) and 124, Stealing contrary to section 124, using public office for profit contrary to section 179(c) all of the Criminal and Other Offences Act, 1960, (Act 29). Other charges include contravention of the Procurement Act contrary to sections 92(1) and 134(1)(a) of the Public Procurement Act, 2003, (Act 663), money laundering contrary to section 1(1)(c) of the Anti-Money ...