THE REPUBLIC VS. ADJENIM BOATENG ADJEI

The Accused/Applicant herein caused to be filed on his behalf this application on the 8th July, 2024 for the release of his passport which have been taken in by the Registrar of the Court as part of the conditions of the grant of bail to him on 22nd April 2024. The Applicant has been charged per a charge sheet filed on 17th April 2024 by the Office of the Special Prosecutor on four (4) counts of using public office for profit and four (4) counts of indirectly influencing the procurement process to obtain an unfair advantage in the award of the procurement contract.

These two offences are charged under Sections 179 (C) (a) of the Criminal Offences Act, 1960 (Act 29) and Section 92 (2) (b) of the Public Procurement Act, 2003 (Act 663). The case is at this stage is at the case management conference stage.

Per the supporting affidavit to the instant application, the Applicant deposes at paragraph 12 that it has become necessary for him to travel to the United States of America with his six (6) years old girl child who is also a citizen of the United States to participate in a two (2) week Summer camp.

The said summer camp is organized for children between the ages of three (3) to six (6) years and it is being organized this year from the 1st July 2024 to the 9th August 2024, with a minimum participation period of two weeks.

According to the affidavit, the Applicant has chosen to register for his child to participate in this summer camp from 29th July 2024 to 9th August 2024 so that he can attend the Court sittings of the 26th July 2024 before embarking on this trip.

Again, the affidavit indicates that the purpose of this trip for the child is to afford the child an opportunity to “familiarize and gradually integrate her into the educational and cultural system of the United States of America, and thus prepare her for the education in the USA upon completing her present level of education in Ghana”. Applicant has also deposed that this application is in the interest of the child and important for her psychological preparation and development.

The application further states that the Applicant has no intention of absconding from the jurisdiction as he has strong social and economic ties and interests in Ghana.

There has been an affidavit in opposition filed by the Republic through the Office of the Special Prosecutor on 12th July 2024 that the application is vehemently opposed on the basis that it discloses no exceptional circumstances to warrant its grant