Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
HAJIA HAWA NINCHEMA & 6 ORS

(2021) JELR 109057 (HC)    
High Court  ·  FT/012/2019 ·  7 May 2021 ·  Ghana
CORAM
HER LADYSHIP JUSTICE AFIA SERWAH ASARE-BOTWE (MRS.)

Ratio Decidendi

Core Terms Beta
case
court
a1
a2
accused persons
bawku municipal assembly
public procurement act
criminal offences act
6th accused
mumuni yakubu nambe
submission of no case
prima facie case
charge sheet
court of appeal
tender evaluation report
upper east region
alhaji abdul-mumuni jesewunde
mr. george anaba
close of the prosecution
criminal procedure
essential element
municipal health director of bawku
part of the procurement entity
procurement process
result of cross examination
state v
antecedents of the case
case management
close of the evidence
commencement of the trial
criminal appeal no. j3/4/2017
cross-examination of its witnesses
discretion of the court
electoral area of bawku municipal assembly
facts of the case
following offences
former municipal coordinating director
general rule
offence of contravention of the procedurefor request
procurement documents
reasoned decision
said managing director
signatures of george anaba
submission of price quotation
sufficient evidence
tender evaluation meeting

RULING 

ASARE-BOTWE (MRS.), J.

This is a Ruling on whether or not the Accused Persons have a case to answer at the close  of the Prosecution’s case. 

The antecedents of the case are that on the 5th of May 2019, the Office of the Special  Prosecutor filed a charge sheet in which the accused persons are being held for the following offences; 

1. There is under Count One, a charge of Conspiracy to Contravene the Procedure for Request for Quotation Contrary to Section 23(1) of the Criminal Offences Act,  1960 (Act 29) and Sections 43(1) and 92(1) Of The Public Procurement Act, 2003 (As Amended), Act 663, against A1, A2, A3, A4, and A6

2. Under Count two, the named accused persons, Sumaila Ewuntomah Abudu  (A2), Alex Vadze (A3), Alhaji Abdul-Mumuni Jesewunde (A4), and Mary Stella Adapesa (A5) are charged with Abetment to Contravene the Procedure for  Request for Quotation Contrary to Sections 20(1) of the Criminal Offences Act,  1960 (Act 29) and 43(1) and 92(1) of the Public Procurement Act…

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