SSNIT OBS case: Ernest Thompson and four others have no case to answer
Four attorneys in the case of Ernest Thompson, former Director General (DG) of the Social Security and National Insurance Foundation (SSNIT), and the SSNIT Operations Business Suite (OBS), are seeking the release of their employees. According to them, after considering the prosecution of 10 witnesses who gave statements in support of the prosecution against the defendant, the defendant had still not pleaded guilty.
All five defendants said they did not submit any documents after the prosecution closed the case with 10 witnesses on July 12. Intentionally caused more than $15.3 million in financial harm to the country, including by failing to plead fault, (etc). Five individuals face a total of 29 criminal charges related to the $66 million SSNIT OBS project, which aims to transform SSNIT’s work through information and communications technology (ICT).
The other four defendants are SSNIT IT director John Hagan Mensah, and Perfect Business Systems (PBS) CEO Juliet Hassana Kramer,. The 29 charges include conspiracy to intentionally cause economic harm to the country and intentional infliction of economic harm to the country.
Mr. Thompson and Mr. Kramer pleaded not guilty to three counts under the Public Procurement Act 2003 (Act 663), while Kramer and Afaglo also pleaded not guilty to fraud. Afaglo is accused of getting a job at SSNIT through a forged certificate and is therefore charged with possession of forged documents and presenting forged documents.
After hearing the 10 witnesses and the prosecution’s statements ended, all five defense lawyers said that they would not fight on behalf of their clients.
“My lord, it is the view of the legal team of the 1st accused (Ernest Thompson) that at the close of the evidence led by the prosecution in support of the charges against the 1st accused, a case has not been made out sufficiently to require him to open or make a defence,” Abednego Tetteh, who was holding brief for Samuel Codjoe, informed the Court.
Accordingly, “it is our view and plea that you give us the opportunity to make a submission of no case to answer.”
Counsel said, “we are emboldened by sections 173 and 174 of the Criminal and Other Offences Procedure Act 1960 (Act 30) in view of this we wish additionally to apply for the proceedings to enable us to embark on our submission of no case.”
“We therefore ask that we be given eight weeks to get the proceedings to enable us prepare our written submission of no case for the 1st accused person,” Counsel for the Ernest Thompson submitted.
Counsel for the 2nd Accused (John Hagan Mensah), while associating himself with the submissions made by Counsel for first Accused prayed for ample time to properly address the pertinent issues to the Court.
For his part, Counsel for the 3rd accused person, (Madam Juliet Hassana Kramer) – added “that section 5(2)(a) of the Practice Directions which is dated the 30th day of October, 2018 which is to the effect that at the close of the case for the prosecution the court shall on its own or on a submission of no case to answer give a reasoned decision as to whether the prosecution has, or has not led sufficient evidence against the accused as to require him or her to open his defence.”
Lawyers for Counsel for the 4th accused person, (Caleb Kwaku Afaglo) and 5th Accused (Mr Peter Hayibor) both associated themselves with submissions of Counsel of the other accused persons.
Richard Gyambiby, a Principal State Attorney, for his part said considering the volume of the evidence led so far and in the interest of justice, “I will agree with counsel for the accused persons that they are given enough time to make their application and in the same vein we also be given enough time to respond.”
*By Court*
Justice Henry Anthony Kwofie, after listening to the parties said “It is hereby ordered that the head of stores Mr. Agyei provides the required stationaries i.e. tonner and paper for the preparation of the record of proceedings in this case.”
The Court also ordered, “Registrar of the court to carry out this directive to the head of stores, Mr. Agyei.”
The Court said, “Counsel for the accused persons may file their submissions on or before 23rd of August, 2024 and the prosecution files their response in four (4) weeks upon service.”
EIB Network’s Legal Affairs Correspondent, Murtala Inusah reports that, the case will take two months and three weeks adjournment due to the legal vacation and it would be recalled on October 10 in the 2024/2025 new legal year.
By: Mr Riddims
