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THE REPUBLIC V. EUGENE BAFFOE-BONNIE & 4 ORS.

(2018) JELR 92117 (SC)

Supreme Court  •  REFERENCE NO. J1/06/2018  •  7 Jun 2018  •  Ghana

Coram
ATUGUBA, JSC (PRESIDING) , ANSAH, JSC , ADINYIRA (MRS), JSC , DOTSE, JSC , YEBOAH, JSC , GBADEGBE, JSC , APPAU, JSC

Appearances
GODFRED YEBOAH-DAME, 1ST DEPUTY ATTORNEY-GENERAL, JOSEPH DINDIOK KPENKA, 2ND DEPUTY ATTORNEY-GENERAL, MRS YOUNNE ATTAKORA OBIOBISA, DIRECTOR OF PUBLIC PROSECUTION, MRS EVELYN KEELSON, CHIEF STATE ATTORNEY, MRS FRANCES MULLEN ANSAH, PRINCIPAL STATE ATTORNEY, MRS SAFAKOR BATSE, SENIOR STATE ATTORNEY, RICHARD GYAMBIBI, SENIOR STATE ATTORNEY AND MRS PENNINAH ANSAH DANQUAH, SENIOR STATE ATTORNEY FOR THE REPUBLIC. THADDEUS SORY FOR THE 1ST ACCUSED WITH HIM THERESA TALATA KUNLIE AND ABU JUAN JAGIARRA. SAMUEL CUDJOE FOR THE 3RD ACCUSED WITH HIM JOHNSON NORMESINU. BAFFOE ASAASE GYIMAH FOR THE 4TH ACCUSED WITH HIM KODJO YANKSON AND GODWIN TAMAKLOE. OSAFO BUABENG FOR THE 5TH ACCUSED WITH HIM REINDORF TWUMASI ANKRAH

Judgement

JUDGMENT

ADINYIRA (MRS), JSC

This case is a reference to the Supreme Court of a question relating to the interpretation of article 19(2)(e) and (g) of the 1992 Constitution, on 1st February, 2018, by the High Court, Coram Kyei Baffour J, pursuant to Article 130(2) of the Constitution.

The case emanated from a criminal trial of the five accused person who are facing various charges ranging from conspiracy to causing financial loss to the State contrary to sections 23(1) and 179(A), willfully causing financial loss to the State contrary to section 179(A), conspiracy to steal contrary to sections 23(1) and 124, Stealing contrary to section 124, using public office for profit contrary to section 179(c) all of the Criminal and Other Offences Act, 1960, (Act 29). Other charges include contravention of the Procurement Act contrary to sections 92(1) and 134(1)(a) of the Public Procurement Act, 2003, (Act 663), money laundering contrary to section 1(1)(c) of the Anti-Money Laundering Act, 2007, (…

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