The High Court in Accra has scheduled a ruling for November 29, 2024, regarding a submission of no case to answer filed by former Director General (DG) of the Social Security and National Insurance Trust (SSNIT), Ernest Thompson, and four others standing trial over the SSNIT Operational Business Suite (OBS).
Justice Henry Anthony Kwofie, a Justice of the Supreme Court presiding over the case, set the date on Thursday, October 24, after all parties filed their written submissions, though the prosecution submitted theirs late.
The accused—Ernest Thompson and four others—through their lawyers, are seeking to be discharged on the grounds that the prosecution has not established a case requiring them to present a defense following the conclusion of the prosecution’s evidence. The prosecution has called 10 witnesses to support their case.
All five accused have pleaded not guilty to charges, including willfully causing financial loss of over $15.3 million to the state. They are facing a total of 29 counts related to the $66 million SSNIT OBS project, intended to revamp SSNIT’s operations through Information and Communications Technology (ICT).
The other accused individuals are John Hagan Mensah, a former IT Manager at SSNIT; Juliet Hassana Kramer, 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 include conspiracy to willfully cause financial loss to the state and willfully causing financial loss to the state. Thompson and Kramer have separately pleaded not guilty to three counts of contravening the Public Procurement Act, 2003 (Act 663), while Kramer and Afaglo have also pleaded not guilty to defrauding by false pretenses. Afaglo is alleged to have secured his employment at SSNIT with fake certificates, leading to charges of possession of forged documents and authoring forged documents.
Submissions
Following the closure of the prosecution’s evidence after the testimony of 10 witnesses, all five defense lawyers have indicated they will file a submission of no case.
“My Lord, it is the view of the legal team of the 1st accused (Ernest Thompson) that at the close of the evidence led by the prosecution, a case has not been made out sufficiently to require him to open or make a defense,” Abednego Tetteh, who was holding brief for Samuel Codjoe, informed the court.
Counsel for the 3rd accused, Madam Juliet Hassana Kramer, added, “Section 5(2)(a) of the Practice Directions dated October 30, 2018, states that at the close of the case for the prosecution, the court shall, on its own or upon a submission of no case to answer, give a reasoned decision as to whether the prosecution has led sufficient evidence against the accused to require him or her to open a defense.”
Counsel for the 4th accused (Caleb Kwaku Afaglo) and the 5th accused (Mr. Peter Hayibor) both associated themselves with the submissions of the other accused persons’ counsel.
Richard Gyambiby, a Principal State Attorney, noted that considering the volume of evidence presented so far and in the interest of justice, he agreed with counsel for the accused that they should be given enough time to make their application, while also allowing the prosecution sufficient time to respond.
By Court
Justice Henry Anthony Kwofie, after listening to the parties, ordered that the head of stores, Mr. Agyei, provide the necessary stationery, including toner and paper, for the preparation of the record of proceedings in this case.
The court also directed the registrar to carry out this directive. Counsel for the accused persons may file their submissions on or before August 23, 2024, and the prosecution is to file their response four weeks after service.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the 10 witnesses have testified for a total of 108 days since the trial began.
Source: Ghana/Starrfm.com.gh/103.5FM
