[2020]DLHC8774May 12, 2020High Court

THE REPUBLIC vs EUGENE BAFFOE BONNIE, MATTHEW WILLIAM TETTEH TEVIE, DR. OWUSU ENSAW, ALHAJI SALIFU MIMINA OSMAN AND GEORGE DEREK OPPONG

The case concerns allegations against five accused persons involving the purchase of a Pegasus cyber-surveillance system by the National Communications Authority (NCA) without proper budgetary provision or board approval. The accused, including former NCA officials and a private businessman, were charged with conspiracy, causing financial loss to the State, stealing, abuse of public office for profit, contravention of procurement laws, money laundering, and misapplication of public property. The prosecution alleged that approximately US$4 million was transferred improperly to a private company, with only US$1 million paid to the Israeli manufacturer NSO Group Technologies Ltd, and the remainder misappropriated by the accused.

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“…the Pegasus as well known is a Greek mythical immortal winged horse endowed with supernatural powers that served as a breakthrough to freedom. My Lord, everybody wants freedom and the name itself suggests that it has very powerful capabilities, that is the Pegasus system” Per the 4th Accused, Alhaji Salifu Mimina Osman on the 18th day of February, 2020 at page 6 of the proceedings on that day. Indeed Pegasus, the offspring of the Olympian god Poseidon is captured in the image of a visible pure white horse in Greek mythology. He was caught by Bellerophon and was ridden on to defeat chimera. In an attempt to reach mount Olympus, this winged horse was transformed into a constellation in the northern sky. The manufacture and sale by an Israeli company by name NSO Group Technologies Ltd (NSO) of a modern equipment, named after this Greek mythical figure having the functionalities, among others, of monitoring phone calls, including those of Whatsapp (see page 2 of the proceedi...