REPUBLIC v. ASAFU-ADJAYE (NO. 2)

This Supreme Court judgment, delivered by Akufo-Addo C.J., arises from the Ollennu Commission’s investigation into corruption in Ghana’s import licensing regime during the Nkrumah era. The commission found that lawyer Albert Asafu-Adjaye demanded and received a five percent commission from motor parts trader Azmi Sbaiti after obtaining a £G100,000 import licence allegedly issued by Minister of Trade Kwesi Armah, and that Asafu-Adjaye acted in conspiracy with the Minister. Charged under the Corrupt Practices (Prevention) Act, 1964 (Act 230), Asafu-Adjaye was brought before the High Court to show cause. The High Court rejected the commission’s findings as unsupported and acquitted him, also refusing to hear the State’s reply. On the State’s appeal under the Criminal Procedure Code (Act 30), the Supreme Court held that a reviewing court must not substitute its own credibility assessments absent misdirection, affirmed that Act 230 findings are prima facie evidence placing a burden on the accused to disprove, upheld the Attorney-General’s right of reply under section 132, and reinstated the commissioner’s findings. The Court allowed the appeal, convicted Asafu-Adjaye on all counts, and imposed concurrent four-year sentences with hard labour.