Lawyers of former Director General (DG) of the Social Security and National Insurance Trust, (SSNIT), Ernest Thompson, and four others who are standing trial over the SSNIT Operational Business Suite (OBS) case want their clients discharged.
According to them, upon the conclusion of the Prosecution’s evidence through their 10 Witnesses in support of the charges against the accused persons, a case has not been made for the accused persons to open their defense to the charges.
All five accused persons have indicated they are filing a submission of no case to answer after the prosecution closed their case with 10 Witnesses on July 12.
Mr. Ernest Thompson, and the four others have all pleaded not guilty to charges including (allegedly) willfully causing financial loss of more than $15.3m to the state.
The five persons are facing a combined 29 counts of criminal prosecution over the $66m SSNIT OBS project, which was meant to revamp the operations of SSNIT through Information and Communications Technology (ICT).
The other four accused persons are John Hagan Mensah, a former IT Manager at SSNIT; Juliet Hassana Kramer, the CEO of Perfect Business Systems (PBS); Caleb Kwaku Afaglo, a former Head of Management Information Systems (MIS) at SSNIT, and Peter Hayibor, the lawyer for SSNIT.
The 29 counts of charges include conspiracy to willfully cause financial loss to the state and willfully causing financial loss to the state.
Mr. Thompson and Kramer separately pleaded not guilty to three counts of contravening the Public Procurement Act, 2003 (Act 663), while Kramer and Afaglo also pleaded not guilty to defrauding by false pretense.
Afaglo is alleged to have secured his employment at SSNIT with fake certificates and was accordingly charged with various counts of possession of forged documents and authoring forged documents.
Following the closure of the Prosecution’s evidence after calling 10 witnesses, all five defense lawyers have indicated of filing a submission of no case against in favour of their clients.
“My lord, it is the view of the legal team of 1st Accused (Ernest Thompson) that at the close of the evidence led by the prosecution in support of the charges against 1st accused, a case has not been made out sufficiently to require him to open or make a defence,” Abednego Tetteh who was holding brief for Samuel Codjoe informed the Court.
Accordingly, “it is our view and plea that you give us the opportunity to make a submission of no case to answer.”
Counsel said, “we are emboldened by sections 173 and 174 of the Criminal and Other Offences Procedure Act 1960 (Act 30) in view of this we wish additionally to apply for the proceedings to enable us to embark on our submission of no case.”
“We, therefore, ask that we be given eight weeks to get the proceedings to enable us to prepare our written submission of no case for the 1st accused person,” Counsel for Ernest Thompson submitted.
Counsel for the 2nd Accused (John Hagan Mensah), while associating himself with the submissions made by Counsel for the first Accused prayed for ample time to properly address the pertinent issues to the Court.
For his part, Counsel for the 3rd accused person, (Madam Juliet Hassana Kramer) – added “that section 5(2)(a) of the Practice Directions which is dated the 30th day of October 2018 which is to the effect that at the close of the case for the prosecution the court shall on its own or on a submission of no case to answer give a reasoned decision as to whether the prosecution has, or has not led sufficient evidence against the accused as to require him or her to open his defense.”
Lawyers for Counsel for the 4th accused person, (Caleb Kwaku Afaglo) and 5th Accused (Mr Peter Hayibor) both associated themselves with submissions of Counsel of the other accused persons.
Richard Gyambiby, a Principal State Attorney, for his part said considering the volume of the evidence led so far and in the interest of justice, “I will agree with counsel for the accused persons that they are given enough time to make their application and in the same vein we also be given enough time to respond.”
By Court
Justice Henry Anthony Kwofie, after listening to the parties said “It is hereby ordered that the head of stores Mr. Agyei provides the required stationery i.e. tonner and paper for the preparation of the record of proceedings in this case.”
The Court also ordered, “Registrar of the court to carry out this directive to the head of stores, Mr. Agyei.”
The Court said, “Counsel for the accused persons may file their submissions on or before 23rd of August, 2024 and the prosecution files their response in four (4) weeks upon service.”
EIB Network’s Legal Affairs Correspondent, Murtala Inusah reports that the case will take two months and three weeks to adjourn due to the legal vacation and it will be recalled on October 10 in the 2024/2025 new legal year.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah
