The Attorney General has been challenged on the constitutionality of the charges under which the accused persons in the Quality Grains scandal are being tried. A writ has been filed against him on the matter, which the Supreme Court will hear on Tuesday.
The plaintiff, Frank Bo Amissah is seeking an interpretation of the law. In his view the law was unconstitutional and should not be entertained by the Fast Track court.
Five former government officials have been charged with seven counts of conspiracy and willfully causing financial loss to the state, contrary to Sections 23(1) and Sections 179 A (3) (a) of the Criminal Code 1960, Act 29.
They are alleged to have played various roles in the Quality Grains scandal in which the state lost more than $20 million. All the accused have pleaded not guilty and are on self-recognisance bail.
The Supreme Court’s decision on the case will determine whether the trial at the Fast Track Court should be continued or otherwise. Judgement in the case was scheduled for February 21, but Mr Dixon Kwame Afreh, the presiding judge postponed it because the nature of the charges under the law were making it difficult for him to arrive at a decision.
Under the circumstance, he allowed both defence and prosecution to raise further arguments in respect of the law. The prosecution is yet to make its submission. Defence lawyers on that day argued that the statement of offence of conspiracy and willfully causing financial loss was unconstitutional.
They further argued that the prosecution could not adduce evidence of conspiracy against the accused persons and therefore that should not be relied upon in their final submission to the court.
Source: GhanaWeb
