The court rejects the former boss of the SSNIT

General News on Thursday, April 18, 2019

Source: dailyguidenetwork.com

2019-04-18

An attempt by Ernest Thompson, former managing director of the Social Security and Social Security Fund (SSNIT), to avoid being tried, would have resulted in a financial loss for the state.

The case is currently in the preliminary stage of the trial and even before trial begins, Mr. Thompson and two other defendants have filed separate motions in court for the removal of the charges against them or, alternatively, , to make an order to the prosecutor. General to provide them with details of the charges against them.

However, the court, presided over by Judge Henry Kwofie, dismissed the application and, as a result, the 29 counts, including the financial losses suffered by the state, remain valid.

An Accra High Court dismissed the applications filed by the former SSNIT Director General's lawyers and two other defendants brought before it.

In addition to Mr. Thompson, John Hagan Mensah, Director of SSNIT's IT Infrastructure and Private Businesswoman Juliet Hbadana Krama, CEO of Perfect Business Solutions Limited, both filed separate applications requesting to the court to withdraw their charges.

Defense argument

Separate petitions were filed on March 22, 2019, and the lawyers argued that the charges against their clients were unconstitutional because they violated sections 19 (2) (d) and 11 of the Constitution.

They also stated that the charges did not contain detailed details within the meaning of section 112 (1) of the Act.

Refutation of the state

The prosecution, led by Attorney General Yvonne Attakora-Obuobisa, objected to these motions and argued that the lawyers were again pleading cases already decided by the Supreme Court.

Court decision

In his decision, Kwofie J. of the Court of Appeal, sitting as Deputy Judge of the High Court, dismissed the claims, stating that the issues raised by the accused had already been resolved by the Court of Appeal. appeal and the Supreme Court.

He concluded that the charges against the accused contained the necessary elements to give the applicants reasonable information about the nature of the charges against them.

The court also ruled that to accede to the lawyers' request would amount to compelling the prosecution to provide evidence in the indictment.

Key Actors

Thompson and three former SSNIT executives and a private businesswoman have been charged with causing a financial loss to the state when the $ 72 million controversial and unsuccessful IT project was awarded – Operational Business Suite (OBS).

Caleb Kwaku Afaglo, Director General, Management Information Systems, SSNIT, and Peter Hayibor, General Counsel, SSNIT, are the other accused.

They were charged with raising the OBS contract amount from USD 34,011,914.21 to USD 66,783,148.88 through what are known as 'change orders' and "modifications".

In total, the five defendants face 29 counts of indictment, including conspiracy to commit a crime, causing a financial loss to the state, fraud under false pretenses, violation of the law on powers public, as well as possession and creation of false documents.

Disclosure

To date, the state has filed a total of 232 documents, along with USB flash drives, on which it intends to rely for the trial.