The case involving five persons accused of embezzling $4 million belonging to the National Communications Authority (NCA) has headed to the Supreme Court.
One of the accused persons, Nana Owusu Ensaw, a former board member of the NCA, has filed a certiorari application at the Supreme Court seeking to quash a decision by the trial High Court to dismiss his application for “submission of no case” and for him to open his defence.
This is the third time a matter related to the case has been sent to the Supreme Court since the five accused — Ensaw; Eugene Baffoe-Bonnie, the former Board Chair of the NCA; William Tetteh Tevie, the former Director-General of the NCA; Alhaji Salifu Mimina Osman, a former Deputy National Security Coordinator; and George Derek Oppong, a businessman, were charged in December 2017.
One of the matters sent to the Supreme Court led to its landmark decision which made disclosure of documents compulsory in all criminal trials.
Prayer for adjournment
Making his case at the Accra High Court yesterday, counsel for Ensaw, Mr Johnson Normesinu, argued that in the interest of justice, proceedings should be adjourned until the Supreme Court determined his client’s certiorari application.
He contended that justice would not be served if the case continued with his client as a party and the Supreme Court eventually upheld his application.
In support, counsel for Alhaji Osman, Captain Assassie Gyimah (retd), submitted that it would be prudent for the court to await the decision of the apex court because if the certiorari application succeeded it would change the whole dynamics of the case and also affect the other accused persons.
The presiding judge, Justice Eric Kyei Baffour, agreed to adjourn the case until the Supreme Court heard the certiorari application.
“In view of the pendency of the application at the Supreme Court invoking its supervisory jurisdiction for certiorari directed at my ruling, I will err on the side of caution and halt further proceedings and adjourn to November 12, 2019,” Justice Baffour held.
Not guilty
The accused persons are standing trial for their alleged involvement in the embezzlement of $4 million of state funds during the purchase of listening devices for the National Security, which was sponsored by the NCA.
They have pleaded not guilty to all the charges and are currently on bail in the sum of $1 million each.