KWABENA DUFFOUR & ORS V. THE REPUBLIC

PROF. MENSA-BONSU (MRS.) (JSC):This is an appeal from judgment of the Court of Appeal dated 17th February 2022, occasioned by a Ruling of the High Court in a criminal prosecution currently underway. 

Facts and Background

The appellant and 6 others have been arraigned before the High Court, Accra since 12th February, 2020, for the alleged roles they played leading to the collapse of UniBank, a Bank licenced to operate under the Banking and Deposit-taking Act, 2016 (Act 930). They have been charged with 68 counts of  the following offences: (i) conspiracy to commit fraudulent breach of trust; (ii) fraudulent breach of trust; (iii) Money laundering; (iv) dishonesty receiving; (v) contravention of the Bank of Ghana Act, 2002 (Act 612); (vi) wilfully causing financial loss to the state; (vii) conspiracy to falsify accounts; and (viii) falsification of accounts. 

When, in the course of its operations, UniBank began to show signs of distress, the Bank of Ghana stepped in , and in exercise of it…