The judge presiding over the Saglemi Housing trial reportedly took a swipe at the Attorney General's office after it failed to open its case against the former Minister for Works and Housing, Collins Dauda, and three others facing prosecution for financial loss to the state and other related offences in the construction of the Saglemi Housing Project.
According to a report by thelawplatform.online, the judge, Justice Dr. Ernest Owusu-Dapaa, told the Attorney General that “nobody is forcing him to prosecute” Collins Dauda and three other defendants.
The report indicated that Justice Dr. Owusu-Dapaa told the Office of the Attorney General that it had the power to discontinue the case.
“Recounting the powers available to the Attorney General to discontinue a criminal trial, the former Dean of KNUST Law Faculty and now Court of Appeal judge sitting as an additional judge of the financial and economic division of the High Court said the AG has elected to prosecute Hon. Collins Dauda and others so they ought to stand prepared in same whenever the case is listed for hearing. The learned judge said Article 19 of the constitution provided the presumption of innocence of the accused persons and thus its worry about the delay in opening their case,” part of the report reads.
The judge told the state prosecutors who were in the court that they wasting the time of the court, the lawyers of the accused led by Godwin Edudzi Tameklo, and Collins Dauda, who is a Member of Parliament by their failure to open their case.
The lawyers from the Office of the Attorney General, who were full of apologies, explained that they could not open their case because the state's witness was out of the country.
They pleaded with the judge to adjourn the case, which he did reluctantly.
Justice Dr. Owusu-Dapaa, before adjourning the case to November 20, 2023, for trial on a daily basis, again expressed his displeasure for the delay in the case by the Attorney General.
Background:
Two former Ministers of Works and Housing, Alhaji Collins Dauda and Kweku Agyeman Mensah, and three others, have been arraigned in court over the Saglemi Affordable Housing infractions.
The five were charged on August 5, 2021, with 52 counts, including causing financial loss to the state.
They are facing charges of intentionally misapplying public property, causing financial loss to the state, and issuing false certificates in the Saglemi Affordable Housing Project, which involved the sum of $200 million.
Alhaji Collins Dauda, together with Kweku Agyeman Mensah, Alhaji Ziblim Yakubu, Chief Director of the Ministry, Andrew Clocanas, Executive Chairman of Constructura OAS Ghana Limited, and Nouvi Tetteh Angelo, have pleaded not guilty to all 52 charges.
While Alhaji Collins Dauda was admitted to self-recognizance bail, Kweku Agyeman Mensah and Alhaji Ziblim Yakubu were granted bail in the sums of $65 million each. In addition, they were to produce three sureties, one of whom should be a public officer.
Andrew Clocanas, the fourth accused person, was also admitted to bail in the sum of $179 million with three sureties, one of whom should be a public servant. Nouvi Tetteh Angelo, the fifth accused person, was admitted to bail in the amount of $13 million with three sureties.
BAI/OGB
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