The contract between the National Communications Authority and Infralocks was only signed by the then director general of the state agency William Tetteh Tevie without being witnessed by the director of legal administration as is the standard practice, the first prosecution witness Abena Asafo Adjei has disclosed.
She also told the court the contract was signed off as National Communications Agency and not National Communications Authority.
Responding to a question from the lawyer of the fourth accused person, Alhaji Osman Mimina Tuesday January 23, 2018 Mrs. Asafo-Adjei told the Commercial High Court presided over by Justice Eric Kyei Baffour that as part of the NCA’s practice, contracts are signed by the Director General of the NCA and witnessed by the Director of Legal Administration.
Before Commencement of Proceedings
Lawyer for the fourth Accused person Kojo Yankson indicated that he has filed a motion which is expected to be heard on the 25th of January 2018. The application is seeking an order to compel the AG to disclose all witness statements and list of prosecution witnesses they intend to call. In light of this pending application, the lawyer sort a stay of proceedings until the application is determined.
Justice Eric Kyei Baffour’s court however ruled that the pendency of the application does not in any way affect the ongoing trial. To that end, the case ought to proceed. Counsel for the second accused person is thus invited to continue with his cross examination of the first prosecution witness.
Background
Accused Persons
The Accused persons in the case are the former Board Chairman of the NCA, Eugene Baffoe-Bonnie, former Director General of the NCA, William Matthew Tetteh Tevie, the, Nana Owusu Ensaw and Alhaji Salifu Mimina Osman,both former members of the Governing Board of the NCA and a private businessman, George Derek Oppong.
First Prosecution Witness
The State called it’s first prosecution witness, Abena Asafo Adjei, the Director of Legal Administration at the National Communications Authority (NCA). She has been in the employ of the NCA since 2003. The Director of Public Prosecution, Yvonne Atakorah Obuabisa led the witness to give her evidence in chief before the court. She indicated that with the exception of the fifth Accused person, all the accused persons are known to her.
Mrs. Asafo Adjei told the court that the 1st Accused is the former board chairman of the NCA, 2nd accused person is the former Director General of the NCA. 3rd and 4th Accused persons she said were members of the Governing Board of the NCA.
Contract Documents
IDL and NCA contract document according to the first prosecution witness who is the Custodian of all contracts of the NCA as Director of Legal Administration, indicated that she has never seen nor worked on the said contract ever in the cause of her work. She also indicated that she only saw the document when the investigator in the case before the court brought it to her attention for identification. The document after it was considered by the court and the defence team was admitted into evidence and marked as IDA. – Wilberforce Asare
