[2023]DLSC16137 • May 3, 2023 • Supreme Court •
KWABENA DUFFOUR & 2 ORS vs. THE REPUBLIC
The appellants and others were arraigned for criminal offences related to the collapse of UniBank, including conspiracy to commit fraudulent breach of trust, money laundering, and falsification of accounts. UniBank was placed under official administration by the Bank of Ghana, with KPMG appointed as Official Administrator. After the official administration ended, the Bank of Ghana revoked UniBank's banking license and appointed Nii Amanor Dodoo, a Senior Partner of KPMG, as Receiver. The appellants objected to Dodoo's testimony on grounds that his appointment as Receiver violated section 122(8) of the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930), rendering him incompetent to testify.
read moreJUDGMENT MAJORITY DECISION PROF. MENSA-BONSU (MRS.) (JSC):- This is an appeal from judgment of the Court of Appeal dated 17th February 2022, occasioned by a Ruling of the High Court in a criminal prosecution currently underway. Facts and Background The appellant and 6 others have been arraigned before the High Court, Accra since 12th February, 2020, for the alleged roles they played leading to the collapse of UniBank, a Bank licenced to operate under the Banking and Deposit-taking Act, 2016 (Act 930). They have been charged with 68 counts of the following offences: (i) conspiracy to commit fraudulent breach of trust; (ii) fraudulent breach of trust; (iii) Money laundering; (iv) dishonesty receiving; (v) contravention of the Bank of Ghana Act, 2002 (Act 612); (vi) wilfully causing financial loss to the state; (vii) conspiracy to falsify accounts; and (viii) falsification of accounts. When, in the course of its operations, UniBank began to show signs of distress, the Bank of G...