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THE REPUBLIC
V.
HAJIA HAWA NINCHEMA & 6 ORS

(2021) JELR 109057 (HC)

High Court 7 May 2021 Ghana
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- All accused persons were acquitted and discharged on all counts at the close of the prosecution’s case, as the prosecution failed to establish a prima facie case on each count, including procurement breaches, conspiracy, abetment, abuse o

Case Details

Suit Number:FT/012/2019
Judges:HER LADYSHIP JUSTICE AFIA SERWAH ASARE-BOTWE (MRS.)
Counsel:MR. MICHAEL BAAFI FOR THE REPUBLIC PRESENT MR. ANTHONY LARTEY FOR A1 PRESENT MR. ALI GOMDAH ABDUL-SAMAD FOR A2 ABSENT MR. ADIA ABDUL LATIF PRESENT FOR MS. RITAKUNKUTI ALI FOR A3 MR. TASSA TAPHA TASSA FOR A4 PRESENT DR. EMMANUEL MAURICEANKRAH FOR A5PRESENT MR. CHARLES QUANSAH PRESENT HOLDING THE BRIEF OF DR. PETER ATUPARE FOR A6 MR. GODWIN TAMEKLO FOR A7 PRESENT

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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