SEDINA CHRISTINE TAMAKLOE ATTIONU v. THE REPUBLIC

E. ANKAMAH J.A ### PREFACE

My Lords, the foundation of this opinion is inspired by the eloquent statement of our criminal jurisprudence by the eminent jurist Akamba JSC (as he then was) in the seminal decision in Ekow Russell v. The Republic [2017]1SCGLR 473:

‘The strength of our criminal justice system over the years has not thrived on mere wishes and speculation but by the production of evidence that meets the standard of proof of crime in a court of justice.’

I. INTRODUCTION:

1. My Lords, the 1st Accused/Appellant (‘the Appellant’) is praying this Court to set aside her conviction and sentencing rendered by the High Court (Financial Crimes Division) on 16th April 2024. The Appellant and one other accused by the name Daniel Axim (‘the 2nd Accused’) were charged with seventy-eight counts of the following offenses: Conspiracy to Steal, Stealing, Conspiracy to Willfully Cause Financial Loss to the State, Willfully Causing Financial Loss to the State, Causing Loss to Public Property, Improper Payment of Public Funds, Money Laundering, Unauthorised Commitment Resulting in Financial Obligation for the Government and Contravention of the Public Procurement Act.

II. BACKGROUND

a. FACTS PRESENTED BY THE PROSECUTION:

1. The antecedents that culminated in the criminal charges against the Appellant before the High Court are next detailed. The Microfinance and Small Loans Centre (MASLOC) is an agency of the Government of Ghana that primarily offers microcredit and small loans to startups and small businesses, providing them with accessible financing to augment their operations across Ghana. The Appellant was the Chief Executive Officer of MASLOC from November 2013 to January 2017. The 2nd Accused was the Operations Manager at MASLOC during that period. The Economic and Organised Crime Office (EOCO) in 2017, conducted investigations into certain fraudulent disbursement of MASLOC funds involving the Appellant and the 2nd Accused person.

2. EOCO’s investigations disclosed that in June 2014, as part of MASLOC’s operations, it invested a sum of GHS150,000.00 in Obaatanpa Micro-Finance Company Limited (Obaatanpa), a licensed Tier II microfinance company in Ejura, Ashanti Region. Subsequently, the Appellant offered another investment of GHS500,000.00 in Obaatanpa and a MASLOC ADB Bank cheque dated 24th July 2014 for that investment amount was drawn in favour of Obaatanpa. When Obaatanpa received the ADB cheque, its Board Chairman was in