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THE REPUBLIC
V.
KWABENA DUFFUOR AND 8 OTHERS

(2021) JELR 109058 (HC)

High Court 22 Jun 2021 Ghana
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- The court held that Section 122(8) of the Banks and Specialized Deposit-Taking Institutions Act, 2016 (Act 930), barring an official administrator from holding office in a bank within two years, applies only where administration ends with

Case Details

Suit Number:CR 0248/2020
Judges:P. BRIGHT MENSAH, J
Counsel:YVONNE ATAKORA OBUABISA (D.P.P) WITH WINIFRED SARPONG (P.S.A), JOSHUA SACKEY (S.S.A) AND SELASI KUORNU (A.S.A) FOR THE PROSECUTION. OSAFO BUABENG WITH AGYENIM AGYEI BOATENG, JELIU SAPASCHINI AND APPIAHENE OSEI AKOTO FOR 1ST, 2ND AND 4TH ACCUSED PERSONS. FRED DOTSE WITH NANCY AMARTEIFIO AND JOHN-MARK BEKUI FOR 3RD ACCUSED PERSON. PAUL ASSIBI ABARIGA FOR 5TH ACCUSED PERSON. AKUA AGYEMANG APPIAH-POKU LED BY CORNELIUS YAWSON FOR 6TH ACCUSED PERSON. GEORGE ABORGAH FOR 7TH ACCUSED PERSON. NANA AGYEI BAFFOUR AWUAH WITH THERESA TABI, BERNICE AMA MORTEY AND MENA ADWOA FLETCHER FOR 8TH ACCUSED PERSON. SIMON ANIMLEY WITH ANTHONY GBEZE FOR 9TH ACCUSED PERSON

RULING

MENSAH, J.

It has always been said interpretation hounds in pairs. Thus, any rational lawyers on  both sides of a case may perfectly and reasonably come to opposite conclusions on the  same sets of facts without forfeiting their positions to be regarded as reasonable.  However, the reality is that the court has to agree with one conclusion and reject the other,  regrettably.  

What has attracted the above comments is due largely to the passion with which the  lawyers for the accused persons argued their case and the dexterous skills by which the Director of Public Prosecutions (D.P.P) responded to the arguments of the defence legal  team.  

Arguments of Counsel for the Accused persons: 

Premising his arguments on S. 122(8) of the Banks and Specialized Deposit-Taking  Institutions Act, 2016 (Act 930), learned Counsel for the 1st, 2nd and 4th Accused persons,  whose submissions were ably supported by the other lawyers in the defence team, had  argued that the witness for the Prosecu…

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