Lawyers for Dr Duffuor objected to the Receiver as the states first witness
But AG rejected the claims
The Receiver of defunct uniBank, Nii Amanor Dodoo, can testify in the ongoing trial of Dr. Kwabena Duffuor and eight others, the Court of Appeal has ruled.
Nii Amanor Dodoo in the ongoing trial is the first witness of the state.
Earlier, lawyers for Dr. Duffuor, a former Finance Minister and owner of the defunct bank, had questioned the competency of the witness, who was also a senior partner of KPMG.
They argued that KPMG has actively been involved in the affairs of the bank during the period the company had an administrative oversight on the bank, something the lawyers say, was illegal.
They added, it breaches the express mandatory prohibition as provided for in the Banks and Specialized Deposit-Taking Act for Dodoo to have been appointed as a Receiver of the same bank within 24 hours after termination of official administration by the Bank of Ghana.
Justice Bright Mensah, a High Court judge who presided over the case dismissed the objection raised by the lawyers of Dr. Kwabena Duffuor.
In a Joy News reportage sighted by GhanaWeb, Justice Mensah ruled, “Nii Amanor Dodoo was qualified and competent to testify because he can speak to issues that came to his knowledge by reason of his appointment as Receiver of uniBank.”
He noted, the Receiver put together an investigation team to gather evidence into the affairs and management of the bank.
The Joy News report further indicated that, when lawyers for Dr. Duffuor were dissatisfied with the ruling of the High Court, they appealed the decision arguing that the High Court Judge erred in arriving at that conclusion.
But, Yvonne Attakora Obuobisa, Director of Public Prosecution, Attorney General’s (AG) Office, rejected the claims from Dr. Duffuor’s lawyers.
She argued, Nii Amanor Dodoo was not the Official Administrator of uniBank.
She insisted that KPMG was the official Administrator and Dodoo was its senior partner.
She pointed out further that under Ghana’s Incorporated Private Partnerships Act, a partner was distinct from the firm, stressing, Dodoo left KPMG after he was appointed as Receiver.
The Court of Appeal agreed with the AG’s office and affirmed the ruling of the High Court. It concluded that the application was wholly “unmeritorious.”
This implies that Nii Amanor Dodoo can continue to testify at the High Court.
View his Timepath below:
Dr. Kwabena Duffuor