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AKWASI OSEI ADJEI & ANOTHER V. THE REPUBLIC

(2012) JELR 64455 (CA)

Court of Appeal  •  SUIT NO: CRIM. APP. No. H2/50/2011  •  19 Apr 2012  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), YAW APPAU J.A., DZAMEFE J.A.

Appearances
MR. GODFRED YEBOAH DAME LED BY COL. ALEX JOHNSON (RTD) FOR THE APPELLANTS,MR. GYAMBIBY (CSA) WITH HIM MR. DOMINIC BAKOMA (ASA) FOR THE RESPONDENT

Judgement

YAW APPAU, J.A.

The first appellant herein was the Minister of Foreign Affairs, Regional Integration and NEPAD during the latter part of the Kuffuor administration while the 2nd appellant was the then Managing Director of the National Investment Bank Limited (NIB). On the 14th day of October 2009, the two of them were arraigned before the trial High Court on four counts of conspiracy charges and four counts of substantive charges all totaling eight (8); contrary to provisions in the Criminal Offences Act, 1960 [Act 29] and then the Public Procurement Act, 2003 [Act 663].

They were said to have conspired contrary to section 23 (1) of Act 29/60 to commit the crimes of: - i. Contravention of sections 92, 40, 41, 42 and 43 of the Public Procurement Act, 2003 [Act 663]; ii. Using public office for profit contrary to section 179C of the Criminal Offences Act, 1960 [Act 29]; iii. Stealing contrary to section 124 of the Criminal Offences Act, 1960 [Act 29] and iv. Willfully causing financial lo…

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