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The application by John Hagan Mensah, Manager of SSNIT's IT Infrastructure, was to quash a decision of the trial court presided over by Judge Henry Anthony Kwofie, dismissing an application challenging the charges against the accused.
In his lawsuit before the Supreme Court, Mr. Mensah summoned Mr. Thompson and the other defendants as interested parties and asked the country 's highest court to overturn the High Court' s decision. exercising what he called "excessive jurisdiction". for "an error of law" in view of the minutes.
Moving the motion, Mujeed Rahman Ahmed, Mr. Mensah's attorney, stated that the trial judge had erred in dismissing a motion challenging the use by the Attorney General of "The State". "instead of" Republic ", according to the law.
According to him, there were no charges of "financial loss for the State", but rather "financial loss for the Republic".
He therefore stated that his client and the others could not be brought to court for what he called a non-existent charge.
He also argued that the trial judge had exceeded his jurisdiction by ignoring a constitutional question and deciding the decision.
Opposition
The Director of Public Prosecutions, Yvonne Atakora-Obuobisa, opposed the application, stating that the trial judge had jurisdiction to decide a case before him and that he was acting within the limits of his jurisdiction.
She stated that the main issue before the judge was whether the charges were appropriate in law.
She added that the present application did not raise any constitutional question, as these issues had already been settled by the Supreme Court.
Judge Sulemana Gbadegbe, presided over by Judges Alfred Benin, Samuel Marful-Sau, Nene Amegtcher and Agnes Dordzie, presided that the trial judge did not exceed his jurisdiction in dismissing the application.
Trial
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 increasing 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".
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