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AKWASI OSEI ADJEI & ANOTHER v. REPUBLIC

2012

COURT OF APPEAL

GHANA

CORAM

  • MARIAMA OWUSU, J.A. (Presiding)
  • YAW APPAU, J.A.
  • DZAMEFE, J.A

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law
  • Administrative Law

AI Generated Summary

The Court of Appeal, per Yaw Appau, J.A., allowed the appeal of Akwasi Osei-Adjei and Daniel Charles Gyimah from a High Court ruling that had called them to open their defence on two counts alleging contraventions of the Public Procurement Act in connection with importing 15,000 metric tons of rice from Amira Foods in India. The appellate court carefully explained the proper standard for a submission of no case: the prosecution must establish all essential elements and present evidence upon which a reasonable tribunal might convict if uncontradicted. It found that the prosecution only proved that rice was procured, but failed to show the procurement was public or financed by public funds, or that NIB was a procurement entity. Evidence showed NIB paid from its own resources, its Board approved the transaction, and the Ministry of Foreign Affairs merely facilitated lifting India’s export ban. Consequently, sections 40–43 and 92 of Act 663 did not apply, and section 173 of Act 30 required acquittal.

JUDGMENT