The Attorney-General and Minister for Justice, Dr Dominic Ayine, is heading to the Supreme Court to challenge the acquittal of former MASLOC Chief Executive Officer, Sedina Attionu Tamakloe.
Dr Ayine has instructed the Director of Public Prosecutions (DPP) to file a notice of appeal against the Court of Appeal’s decision, which overturned Ms Tamakloe’s conviction and 10-year prison sentence.
The Attorney-General has also directed the DPP to apply for a stay of execution of the judgment while the Supreme Court considers the appeal.
The move comes after a three-member panel of the Court of Appeal unanimously ruled that the prosecution had failed to prove its case against Ms Tamakloe beyond reasonable doubt.
The panel, made up of Justices Emmanuel Ankamah, Emmanuel Senyo Amedahe and Samuel Obeng-Diawuo, subsequently acquitted and discharged her of all the charges.
The court also took issue with the manner in which the original trial was handled, noting that the trial judge appeared to have lost sight of the constitutional requirement that an accused person is presumed innocent until proven guilty.
In a statement issued on Thursday, July 30, the Attorney-General acknowledged the ruling but made it clear that the Republic was not satisfied with the outcome.
“The Attorney-General remains committed to the due process of law and is confident that the appeal before the Supreme Court will succeed,” the statement said.
Ms Tamakloe was originally prosecuted on 78 counts, including conspiracy to steal, stealing, causing financial loss to the state, causing loss to public property and improper payment of public funds.
The charges also included unauthorised commitments resulting in financial obligations to the government, money laundering and breaches of the Public Procurement Act.
She was tried and convicted in absentia by the High Court (Financial Division 2), presided over by Justice Afia Serwaa Asare-Botwe, sitting as an additional High Court judge.
The High Court subsequently handed her a 10-year prison sentence.
The Republic had defended the conviction before the Court of Appeal, arguing that Ms Tamakloe’s appeal had no merit and should be dismissed.
The appellate court, however, overturned the conviction and ordered her acquittal and discharge.
The Attorney-General’s latest decision means the legal battle is not over, as the Republic will now ask the Supreme Court to reverse the Court of Appeal’s decision.
