PHILIP ASSIBIT AKPEENA vs. THE REPUBLIC

The appellant, Philip Assibit Akpeena, was tried with another accused, Abuga Pele, before the High Court, Financial Division, Accra, over payments made under the National Youth Employment Programme (NYEP), later GYEEDA. The prosecution’s case was that the appellant falsely represented himself as a managing consultant of the Management Development and Productivity Institute (MDPI), claimed to have rendered consultancy services to NYEP, claimed to have secured a World Bank facility of US$65 million for the Youth Enterprise Development Programme, and on the strength of those representations obtained substantial payments from the Government of Ghana. The evidence included an invoice on MDPI letterhead signed by the appellant as “Managing Consultant,” testimony from the Director-General of MDPI that the appellant was never its consultant and that MDPI rendered no such services, and evidence from the World Bank desk and correspondence showing that no such World Bank funding had been secured. The Court of Appeal accepted that these false representations induced the payment of public funds to the appellant. Portion in judgment: opening factual narrative by Adjei J.A. beginning “The facts of the case as presented by the prosecution were that in 2006…” through the discussion of Exhibit D1 and the evidence of PW2, PW5 and PW7.