Commercial High Court presided over by Justice Eric Kyei Baffour, has adjourned sitting in the case of the Republic verses Eugene Baffoe-Bonnie and four others, to the 12th of November 2019, to pave way for the Supreme Court to determine an application for Certiorari by the third accused person, Dr. Nana Owusu Ensaw.
The accused is seeking to quash the decision of the High Court that ordered the accused person to open his defence in respect of two out of six charges preferred against him by the State.
Having resumed from the long legal vacation today the 8th of October 2019, the first accused person, Eugene Baffoe-Bonnie, was expected to continue with his evidence in chief after opening his defence before the end of the 2018/2019 legal year last July.
However, lawyer for the 3rd accused person, Johnson Nomesenu, who was holding the brief of Samuel Cudjoe, told the Court that he has filed an application for an order of Certiorari directed at the decision of the Court which ordered his client to open his defence and to that end, the Court is enjoined to stop proceedings pending the final determination of the Application before the Supreme Court.
Justice Eric Kyei Baffour’s Court in its ruling on the application noted that due to the pendency of the application before the Apex Court of the land he has “decided to err on the side of caution, hold further proceedings for now and adjourn to the 12th of November 2019” Justice Eric Kyei Baffour said.
Background
According to the facts of the case, as presented by the Attorney General in the case of the Republic vrs. Eugene Baffoe Bonnie and four others, the first accused, Baffoe-Bonnie, 2nd accused Tettey Tevie, 3rd accused Ensaw and 4th accused person Osman, were allegedly aided by the 5th accused person, Oppong, to engage in the criminal act.
It said the previous administration had contracted an Israeli company, NSO Group Technology Limited, to supply a listening equipment at a cost of $6 million to enable the authorities to monitor conversations of persons suspected to be engaged in terror activities.
A local agent, Infraloks Development Limited, charged $2 million to facilitate the transaction, bringing the total sum to $8 million. The facts explained that the National Security did not have the money to fund the transaction and for that reason the NCA, which had supervisory jurisdiction over the use of such equipment, was asked to fund the project.
The facts sheet also said $4 million was withdrawn from the NCA’s account, while $1 million out of the withdrawn amount was deposited into the account of the Israeli company. The A-G explained that the remaining $3 million was lodged in the account of Oppong, who acted as a representative of the local agents, Infraloks Development Ltd.
All the accused persons have pleaded not guilty to various counts of causing financial loss of $4 million to the State. The High Court has also granted each accused person a $1-million bail, with three sureties, and directed them to surrender their passports to the registrar of the court. – Wilberforce Asare
