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DUFFOUR & ORS
V.
THE REPUBLIC

(2023) JELR 110971 (SC)

Supreme Court 3 May 2023 Ghana
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- By 3:2 majority, the Supreme Court of Ghana held that the appointment of Nii Amanor Dodoo as Receiver of Unibank, following his firm’s role as official administrator, did not contravene section 122(8) of the Banks and Specialised Deposit-

Case Details

Suit Number:NO. J3/05/2023
Judges:BAFFOE-BONNIE JSC (PRESIDING) PWAMANG JSC AMADU JSC PROF. MENSA-BONSU (MRS.) JSC ASIEDU JSC
Counsel:O. K. OSAFO-BUABENG ESQ. FOR THE APPELLANTS; YVONNE ATAKORA OBUOBISA (MRS.) (DIRECTOR OF PUBLIC PROSECUTIONS) FOR THE RESPONDENT.

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…

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